Tribal Consultations, NRPM CERCLA NRDAR Regulations

The Department of the Interior’s Office of Restoration and Damage Assessment (ORDA) invites Tribal Leaders to join a consultation session on its Notice of Proposed Rulemaking (NPRM) to revise the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Natural Resource Damage Assessment and Restoration (NRDAR) Regulations issued in the Federal Register on January 5, 2024:
https://www.federalregister.gov/documents/2024/01/05/2024-00005/natural-resource-damages-for-hazardous-substances

ORDA is responsible for overseeing the NRDAR program, the objective of which is to restore natural resources injured as a result of oil spills or hazardous substance releases into the environment. Damage assessments conducted in partnership with other affected state, Tribal and Federal Trustee agencies provide the basis for determining the restoration needs that address the public’s loss and use of these resources.

The Department will consider all input on the revisions to the Type A procedures. Specifically, your input is sought on the following questions as we work to revise the current regulations:

1. When may a Trustee use a Type A procedure?
2. How does the Trustee decide whether to use Type A or Type B procedures?
3. May the Trustee use both a Type A and Type B procedure for the same release?
4. Must the Trustee confirm exposure before implementing the Type B Assessment Plan?
5. How does a Trustee use the Type A Procedure?
6. What information is included in a Type A Report?
7. What documents must be in the Administrative Record when the Type A Report is published?
8. What is the process for Type A Report comments?
9. How do the Trustees conclude the Type A Procedure?

To gather feedback on our NPRM, we are holding consultation sessions at the following dates/times listed below. Please use the associated link to register.

For more information on the NRDAR process, please visit www.doi.gov/restoration.

If you have any written input you would like to provide, please send to doinrdar@ios.doi.gov by April 5th to ensure timely consideration.

If you have any questions, please contact Emily Joseph, ORDA Director at 202-208-4438 or Emily_joseph@ios.doi.gov.