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NRDA Overview

NRDA Overview. Natural Resource Trustees Presentation to NJ Industries, Sept. 14, 2004. Topics for Today. NRDA Overview. Activities. Players & Process. Cooperative Assessment. NRDA Overview. Things happen…. Release of hazardous substance

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NRDA Overview

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  1. NRDA Overview Natural Resource Trustees Presentation to NJ Industries, Sept. 14, 2004

  2. Topics for Today • NRDA Overview • Activities • Players & Process • Cooperative Assessment

  3. NRDA Overview

  4. Things happen…

  5. Release of hazardous substance • Response: RI/FS, remedial decision (e.g., dredge, cap, no action, etc.) • Restoration: to baseline and for interim lost resources or services/use (e.g., improvements to habitat, species, environmental quality, access, etc. -> NEXUS) Process and Roles

  6. Federal Superfund Law (CERCLA) • EPA – Remediation • Reduce or eliminate present and future threats to human health and/or the environment from release of a hazardous substance • Often directed at the substance itself (e.g., removal via dredging) • Cleanups may not address natural resource injuries caused by exposure to that substance Photo credit: EPA Trustees – Restoration Act on behalf of the public to restore natural resources injured by releases of hazardous substances, and to obtain compensation for the public’s lost uses of the resources NRDA: process to assess past, present, and future injuries to natural resources from exposure to hazardous substances and determine restoration needed to compensate the public for injuries to resources and lost uses of those resources Photo credit: Kent Olsen Photo credit: Jim Leopold

  7. TRUSTEES, per the National Contingency Plan: • State Governors • Tribes • Secretaries of Fed Agencies • Agriculture • Commerce (NOAA) • Defense • Energy • Interior (FWS) • Foreign Governments (under OPA)

  8. Legislative Mandates • Clean Water Act (CWA) • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) • Oil Pollution Act of 1990 (OPA) • National Marine Sanctuaries Act (NMSA) • Park System Resource Protection Act (16 USC 19 JJ) • Applicable State Laws

  9. Trustees… • Coordinate w/response agencies (e.g., EPA) by integrating trustee concerns and science into the cleanup process • Assess injuries • Evaluate and scale restoration alternatives for • Returning resources to baseline • Compensating for interim lost resources or services • Oversee and/or implement restoration plan

  10. Hazardous Substance Release Response Restoration The Process NRDA/Restoration Process: Preassessment Injury Assessment Damages Claim* Restoration Planning Settlement or Litigation Restoration Implementation *Primary plus compensatory restoration plus cost of assessment

  11. Assessing Injuries to Trustee Resources • Biota and their habitats • Surface water and sediment • Ground water • Geologic (soils and upland resources) • Air

  12. NRDA: • A process to determine the appropriate amount and type of restoration needed • Intersection between environmental sciences, economics, and law • The preferred calculation of damages is the cost of implementing this restoration • NRDA progress/success is focused on and measured by the amount of restoration achieved.

  13. Websites http://www.darp.noaa.gov http://www.darp.noaa.gov/cap.htm http://restoration.doi.gov/ http://www.doi.gov/oepc

  14. Federal Trustee Contacts: • Tom Brosnan, NOAA 301-713-3038 x186 tom.brosnan@noaa.gov • Tim Kubiak, US FWS 609-646-9310 tim.kubiak@fws.gov

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