83 FR 36883 - Notice of 30-Day Public Comment Period on the Injury Assessment Plan for the Lower Duwamish River (“Lower Duwamish River Natural Resource Damage Assessment: Injury Assessment Plan”)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range		36883-36883
FR Document		2018-16287

NOAA, on behalf of its co-members of the Elliott Bay Trustee Council (Trustee Council), announce the release of the Lower Duwamish River Injury Assessment Plan, which sets forward the Trustee Council's approach for assessing natural resource damages at the Lower Duwamish River. The Injury Assessment Plan is one of the first steps in the natural resources damages assessment process, and is being released to the public in accordance with the applicable regulations. Through today's notice, NOAA is announcing: (1) The Trustees' plan to begin the assessment of natural resource damages for lost ecological and human use services resulting from releases of hazardous substances and oil to the Lower Duwamish River in Seattle, Washington; and (2) a provision of a 30-day period for public comment on the plan.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)

[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Page 36883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of 30-Day Public Comment Period on the Injury Assessment 
Plan for the Lower Duwamish River (``Lower Duwamish River Natural 
Resource Damage Assessment: Injury Assessment Plan'')

AGENCY: National Ocean Service, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce.

ACTION: Notice of public comment period.

-----------------------------------------------------------------------

SUMMARY: NOAA, on behalf of its co-members of the Elliott Bay Trustee 
Council (Trustee Council), announce the release of the Lower Duwamish 
River Injury Assessment Plan, which sets forward the Trustee Council's 
approach for assessing natural resource damages at the Lower Duwamish 
River. The Injury Assessment Plan is one of the first steps in the 
natural resources damages assessment process, and is being released to 
the public in accordance with the applicable regulations.
    Through today's notice, NOAA is announcing: (1) The Trustees' plan 
to begin the assessment of natural resource damages for lost ecological 
and human use services resulting from releases of hazardous substances 
and oil to the Lower Duwamish River in Seattle, Washington; and (2) a 
provision of a 30-day period for public comment on the plan.

ADDRESSES: Comments are sought on the draft injury assessment plan and 
should be emailed to Rebecca.Hoff@noaa.gov with the subject line: 
``Comments on Lower Duwamish River Natural Resource Damage Assessment: 
Injury Assessment Plan.'' Comments may also be mailed to: Rebecca Hoff 
of NOAA Western Region Center, 7600 Sand Point Way Building 1, Seattle, 
WA 98118.

SUPPLEMENTARY INFORMATION: The increasingly industrial uses of the 
Lower Duwamish River led to contamination of natural resources through 
multiple pathways from releases of hazardous substances upland and 
adjacent to the river. As a result of this contamination, EPA 
designated Harbor Island, Lockheed West Seattle, and the Lower Duwamish 
Waterway (collectively, the Site) as Superfund sites on the National 
Priority List. Examples of contaminants of concern released to the 
Lower Duwamish River include polychlorinated biphenyls (PCBs), metals, 
and polycyclic aromatic hydrocarbons (PAHs). Natural resources such as 
benthic invertebrates, migratory fish (such as juvenile Chinook 
salmon), resident fish (such as sculpin and English sole), birds, and 
fish eating mammals exposed to these compounds can potentially be 
harmed as a result. In addition, hazardous substances released to the 
Lower Duwamish River have potentially reduced the human use services 
(e.g., recreational fishing, recreational boating, tribal uses) 
provided by the River. In addition, fish consumption advisories related 
to hazardous substances have been issued to the public warning of the 
risks associated with consumption of various fish species commonly 
targeted by anglers. The Injury Assessment Plan sets forth the approach 
the Trustee Council will apply to completing the damage assessment 
process to resolve natural resource damages liability with non-settling 
parties.
    The Elliott Bay Trustee Council is comprised of Federal, state and 
tribal natural resource trustees. Members of the Trustee Council 
include the U.S. Department of the Interior; the U.S. Department of 
Commerce, acting through NOAA; the State of Washington; the Suquamish 
Tribe; and the Muckleshoot Indian Tribe. The Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. Sec. Sec.  9601 et seq.; the Oil Pollution Act (OPA) of 1990, 33 
U.S.C. Sec. Sec.  2701 et seq.; the Clean Water Act (CWA), 33 U.S.C. 
Sec.  1251; the National Oil and Hazardous Substances Pollution 
Contingency Plan [National Contingency Plan (NCP)], 40 CFR 300, Subpart 
G; Executive Orders 12580 and 12777; and other applicable federal and 
state laws and regulations, provide a legal framework for the Trustee 
Council's actions.
    Under the federal regulations, the Trustee Council can elect to 
perform a Type A or Type B injury assessment. Type A assessment 
procedures use simplified model assumptions to address injuries that 
result from a single event or short-term exposure. Releases of 
hazardous substances from the Site have occurred from multiple sources 
over many decades, resulting in complex exposure conditions impacting 
aquatic and upland media and associated complex food webs. Therefore, 
the Elliott Bay Trustee Council previously elected to perform a Type B 
assessment, the procedures for which require ``more extensive field 
observation than the Type A procedures.'' 43 CFR Sec.  11.33(b). This 
assessment method includes injury determination, quantification, and 
damage determination. Because substantial Site-specific data already 
exist to support the assessment, a Type B assessment can be conducted 
for the Site at a reasonable cost. The federal regulations for a Type B 
assessment outline methods for determining (1) pathways through which 
hazardous substances released by potentially responsible parties expose 
natural resources, (2) injuries to natural resources, (3) the extent of 
those injuries and resultant public losses, (4) baseline conditions and 
time required for the resources to recover to baseline, and (5) the 
cost or value of restoring injured resources. These methods facilitate 
calculation of natural resource damages. 43 CFR Sec. Sec.  11.60-11.84.

    Dated: July 19, 2018.
David Westerholm,
Director, Office of Response and Restoration.
[FR Doc. 2018-16287 Filed 7-30-18; 8:45 am]
 BILLING CODE 3510-JE-P

Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices 36883

Official at 240–533–9466 by August 20, and adjacent to the river. As a result of associated complex food webs.
2018. this contamination, EPA designated Therefore, the Elliott Bay Trustee
Dated: July 17, 2018. Harbor Island, Lockheed West Seattle, Council previously elected to perform a
Carl C. Gouldman, and the Lower Duwamish Waterway Type B assessment, the procedures for
(collectively, the Site) as Superfund which require ‘‘more extensive field
Director, U.S. IOOS Program, National Ocean
Service. sites on the National Priority List. observation than the Type A
Examples of contaminants of concern procedures.’’ 43 CFR § 11.33(b). This
[FR Doc. 2018–16286 Filed 7–30–18; 8:45 am]
released to the Lower Duwamish River assessment method includes injury
BILLING CODE 3510–22–P
include polychlorinated biphenyls determination, quantification, and
(PCBs), metals, and polycyclic aromatic damage determination. Because
DEPARTMENT OF COMMERCE hydrocarbons (PAHs). Natural resources substantial Site-specific data already
such as benthic invertebrates, migratory exist to support the assessment, a Type
National Oceanic and Atmospheric fish (such as juvenile Chinook salmon), B assessment can be conducted for the
Administration resident fish (such as sculpin and Site at a reasonable cost. The federal
English sole), birds, and fish eating regulations for a Type B assessment
Notice of 30-Day Public Comment mammals exposed to these compounds outline methods for determining (1)
Period on the Injury Assessment Plan can potentially be harmed as a result. In pathways through which hazardous
for the Lower Duwamish River (‘‘Lower addition, hazardous substances released substances released by potentially
Duwamish River Natural Resource to the Lower Duwamish River have responsible parties expose natural
Damage Assessment: Injury potentially reduced the human use resources, (2) injuries to natural
Assessment Plan’’) services (e.g., recreational fishing, resources, (3) the extent of those injuries
recreational boating, tribal uses) and resultant public losses, (4) baseline
AGENCY: National Ocean Service, provided by the River. In addition, fish conditions and time required for the
National Oceanic and Atmospheric consumption advisories related to resources to recover to baseline, and (5)
Administration, U.S. Department of hazardous substances have been issued the cost or value of restoring injured
Commerce. to the public warning of the risks resources. These methods facilitate
ACTION: Notice of public comment associated with consumption of various calculation of natural resource damages.
period. fish species commonly targeted by 43 CFR §§ 11.60–11.84.
SUMMARY: NOAA, on behalf of its co- anglers. The Injury Assessment Plan sets Dated: July 19, 2018.
members of the Elliott Bay Trustee forth the approach the Trustee Council David Westerholm,
Council (Trustee Council), announce the will apply to completing the damage
Director, Office of Response and Restoration.
release of the Lower Duwamish River assessment process to resolve natural
[FR Doc. 2018–16287 Filed 7–30–18; 8:45 am]
Injury Assessment Plan, which sets resource damages liability with non-
BILLING CODE 3510–JE–P
forward the Trustee Council’s approach settling parties.
The Elliott Bay Trustee Council is
for assessing natural resource damages
comprised of Federal, state and tribal
at the Lower Duwamish River. The DEPARTMENT OF COMMERCE
natural resource trustees. Members of
Injury Assessment Plan is one of the
the Trustee Council include the U.S. National Oceanic and Atmospheric
first steps in the natural resources
Department of the Interior; the U.S. Administration
damages assessment process, and is
Department of Commerce, acting
being released to the public in
through NOAA; the State of Evaluation of State Coastal
accordance with the applicable
Washington; the Suquamish Tribe; and Management Programs
regulations.
Through today’s notice, NOAA is the Muckleshoot Indian Tribe. The
Comprehensive Environmental AGENCY: Office for Coastal Management
announcing: (1) The Trustees’ plan to (OCM), National Ocean Service (NOS),
Response, Compensation, and Liability
begin the assessment of natural resource National Oceanic and Atmospheric
Act (CERCLA), 42 U.S.C. §§ 9601 et seq.;
damages for lost ecological and human Administration (NOAA), Department of
the Oil Pollution Act (OPA) of 1990, 33
use services resulting from releases of Commerce (DOC).
U.S.C. §§ 2701 et seq.; the Clean Water
hazardous substances and oil to the ACTION: Notice of public meeting.
Act (CWA), 33 U.S.C. § 1251; the
Lower Duwamish River in Seattle,
National Oil and Hazardous Substances
Washington; and (2) a provision of a 30- SUMMARY: The National Oceanic and
Pollution Contingency Plan [National
day period for public comment on the Atmospheric Administration (NOAA),
Contingency Plan (NCP)], 40 CFR 300,
plan. Office for Coastal Management will hold
Subpart G; Executive Orders 12580 and
ADDRESSES: Comments are sought on the a public meeting to solicit comments on
12777; and other applicable federal and
draft injury assessment plan and should the performance evaluation of the
state laws and regulations, provide a
be emailed to Rebecca.Hoff@noaa.gov Mississippi Coastal Management
legal framework for the Trustee
with the subject line: ‘‘Comments on Program.
Council’s actions.
Lower Duwamish River Natural Under the federal regulations, the DATES: Mississippi Coastal Management
Resource Damage Assessment: Injury Trustee Council can elect to perform a Program Evaluation: The public meeting
Assessment Plan.’’ Comments may also Type A or Type B injury assessment. will be held on September 25, 2018, and
be mailed to: Rebecca Hoff of NOAA Type A assessment procedures use written comments must be received on
Western Region Center, 7600 Sand Point simplified model assumptions to or before October 5, 2018.
daltland on DSKBBV9HB2PROD with NOTICES

Way Building 1, Seattle, WA 98118. address injuries that result from a single For specific dates, times, and
SUPPLEMENTARY INFORMATION: The event or short-term exposure. Releases locations of the public meetings, see
increasingly industrial uses of the of hazardous substances from the Site SUPPLEMENTARY INFORMATION.
Lower Duwamish River led to have occurred from multiple sources ADDRESSES: You may submit comments
contamination of natural resources over many decades, resulting in on the program or reserve NOAA
through multiple pathways from complex exposure conditions impacting intends to evaluate by any of the
releases of hazardous substances upland aquatic and upland media and following methods:

VerDate Sep<11>2014 18:30 Jul 30, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1

Document Created: 2018-11-06 10:30:25
Document Modified: 2018-11-06 10:30:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of public comment period.
FR Citation		83 FR 36883

83 FR 36883 - Notice of 30-Day Public Comment Period on the Injury Assessment Plan for the Lower Duwamish River (“Lower Duwamish River Natural Resource Damage Assessment: Injury Assessment Plan”)

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 147 (July 31, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration