[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Page 36883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 [email protected] 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