1 Natural Resource Damages (NRD) – James Woolford Director – Federal Facilities Restoration and Reuse Office/OSWER NGA – Federal Facilities Task Force June 21, 2005 EPA’s Federal Facilities Restoration and Reuse Office

2 “Land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resource” (CERCLA 101 (6) and 1001 (20)) Natural resources of concern are held in trust for the public What are Natural Resources?

3 See as well the Oil Pollution Act (1990) and Clean Water Act (1972) Goal is to make citizens whole by restoring their use and enjoyment of either the injured or lost resources or the services provided by the lost or injured resources What are Natural Resources?

4 CERCLA Cleanups designed to abate a threat to Human Health and the Environment NRD’s goal is to minimize injuries to public resources and provide for the restoration of natural resources that have been damaged or destroyed by releases to the environment CERCLA Remedial Process vs. NRD

5 Interrelationship of Cleanup and NRD Cleanup and NRD’s goals can be addressed in concert as part of the remedial process Addressing NRD issues during cleanup may reduce overall NRD liability

6 Who are the Trustees? Federal: Secretaries of Agriculture, Commerce, Defense, Energy, Interior and other Agencies State – Designated by the Governor Tribal – Designated by the Tribal Chairman or the Sec. of DOI may serve as Trustee at the request of the tribe

7 Trustee Responsibilities Assessment of injury to natural resources Restoration of natural resources injured or services lost

8 Trustee Responsibilities To carry out these responsibilities, Trustees may: -Sue in court to obtain compensation from PRPs -Carry out actions and make claim vs. Trust Fund established by OPA -Negotiate with PRPs

9 DoC/NOAA developed NRD Regulation under OPA [15 CFR 990] DOI developed NRD Regulations to guide Trustees through the NRD process under CERCLA [43 CFR 11] NRD Regulations

10 EPA is not a Natural Resource Damage Trustee Limited Role: Notification to and coordination with Trustees at Superfund Sites – not Fed. Fac. sites Enforcement Role – settlement negotiations/EPA does not have authority in the NRD area EPA’s Role

11 July 31, 1997 Policy on CERCLA /NRD Coordination -Coordination required by CERCLA 104(b)(2) and 122(j) -Policy recognizes Trustees have expertise about biological effects of hazardous substances and the location of sensitive species EPA’s Policy

12 -Policy encourages early coordination between EPA Regions and Trustees; participation encouraged throughout the process Identifies 3 Goals: -Providing Trustees with information needed to meet their legal obligations -sharing information to protect HHE -reducing time to settlement EPA’s Role/Policy

13 Specifically for Federal Facilities, EPA defers to OFAs on issues related to restoration of trust resources and/or compensation for injured resources and services OFAs conduct notification/coordination EPA cannot assess whether a natural resource impact has taken place Perchlorate Contamination EPA’s Role/Policy

14 Claims must be brought within 3 years of the date of discovery of the loss and its connection with the release (CERCLA 113(g)(1)(A)) For NPL sites, however, claims must be brought within 3 years of completion of the remedial action Statute of Limitations

15 Example NRDA Sites Coeur d’Alene River Basin, ID Commencement Bay, WA Lower Fox River, WI New World Mine, MT Upper Hudson River, NY

16 Evolution of NRD Communication and Coordination has improved Increased visibility and sensitivity Better integrated into the CERCLA process EPA work with ASTSWMO’s NRD Focus Group

17 ASTSWMO Papers Coordinating Natural Resource Damage (NRD) Issues with the Federal Superfund Program Compendium of Restoration Methodologies Natural Resource Damages Documents and Resource Materials

18 ASTSWMO Papers (cont.) Perspectives on Achieving Cooperation in Assessing Injury and Planning the Restoration of Natural Resources Compendium of Groundwater Valuation Methodologies ASTSWMO Cooperation in the Natural Resource Damages Process: Initiation, Assessment and Restoration

19 U.S. EPA’s Office of Site Remediation and Technological Innovations EPA’s Office of Site Remediation and Technological Innovation, Larry Zaragoza: EPA’s Information

20 State Resources ASTSWMO – CERCLA Subcommittee – NRD Focus area Dale Young (MA) – Chair okshelf.htm