ENV-98-171 Getting Ahead of the NRLIA Process

Description:

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Superfund Amendments and Reauthorization Act (SARA), Clean Water Act (CWA), and the Oil Pollution Act of 1990 (OPA 90) all contain provisions for the assessment of damages to natural resources that result from the uncontrolled release of contaminants. Until recently, these provisions have been largely ignored. However, with settlements in the millions to tens of millions of dollars, and claims considerably higher than that, considerations to minimize Natural Resources Damage Assessments (NRDA) should be incorporated into refinery emergency response and spill contingency plans. In 1990, the U.S. Fish and Wildlife Service (USFWS) issued NRDA regulations under CERCLA. These regulations were aimed at assessing the damage sustained by a site from the release of hazardous substances. In August 1996, the National Oceanic and Atmospheric Administration (NOAA) issued their regulations mandated under OPA 90. These regulations changed the prevailing paradigm from one of assessing blame and financial responsibility to one geared toward restoration of the affected environments. Even with the paradigm shift. expenses resulting from uncontrolled releases or inappropriate historic disposal can be extremely high.