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Description: In this one day workshop, attendees will learn the regulatory basis, current practice, and the application of tools and techniques for conducting natural resource damage assessments (NRDA). Attendees will also learn what characteristics could make a particular site vulnerable to an NRD claim, how a damage assessment is conducted, approaches for bracketing potential liability, and approaches to resolving an NRD claim. NRDA provisions are contained in federal law (CERCLA, FWPCA, and OPA) and many state statutes. If a particular site (either aquatic or upland) has received hazardous substance or oil contamination, even if the contamination has been remediated, the responsible party may still be liable through a NRD claim for “interim lost resources and their services”. This material will assist the attendees in understanding and navigating the sometimes arcane and complex technical aspects of an NRDA. Attendees will learn the basics of NRDA law and regulations, the concept of making the public whole for losses, potentially responsible party (PRP) defenses to NRDA claims, trustee burden of proof, causation, and other issues. The major phases of NRDA from discovery, injury assessment, lost services calculation, restoration planning and benefits calculation and the settlement process will be covered. Participants will learn about the spectrum of approaches to NRDA ranging from fully collaborative efforts between the trustees and PRP, arms length negotiations to full-blown courtroom litigation. Additionally, participants will learn how to coordinate remedial and NRDA activities at sites to take advantage of synergies in field sampling, site characterization, mapping, etc. Attendees at the workshop will learn about ecological environmental benefits analysis (ecosystems services accounting), including the development of a natural resource “Debit” and “Credit evaluation. The “debit’ module will focus specifically on the applied science and techniques used in for accounting for losses of the multiple types of natural resource services that could be affected by oil or chemical releases. Specific tools and approaches for several resource categories will be introduced with examples from completed NRDA cases or hypotheticals that employed ‘injury metrics’ such as biological survey information, sediment chemical quality guidelines, tissue chemical concentrations, etc. An overview of spatial analysis methods (using GIS), resource ‘exchange values‘and loss of services calculation (using Habitat Equivalency Analysis, HEA), etc. will be discussed. The “credit module will cover how restoration “credit” can be calculated to off-set natural resource ‘debit’. Application of habitat quality information, determination of initial ‘baseline’ condition, estimation of ‘service lift’ and resource ‘exchange values‘ for restoration actions will be discussed. Tools and methods for ‘net service’ accounting using GIS and HEA will be demonstrated using settled case and hypothetical examples.
Intended Audience: This course is intended for environmental professionals, consultants, researchers, students, industrial site owners and operators, and government agencies such as USDA, DOD and DOE. It is designed for professionals related to oil or chemical contaminated sites. Environmental professionals seeking a greater understanding of natural resource damage assessment claims and their resolution also will greatly benefit from this workshop.
Continuing Education Units: 1.30 CEUs
Course Topics
· NRDA approaches from fully collaborative efforts between the trustees and PRP, arms length negotiations to full blown courtroom litigation. · Development ‘injury metrics’ such as o biological survey information, o sediment chemical quality guidelines, o tissue chemical concentrations, etc. · An overview of spatial analysis methods (using GIS), · Resource ‘exchange values‘ for losses and gains · Loss and gains in services calculation (using Habitat Equivalency Analysis, HEA), etc. · Application of habitat quality information, determination of initial ‘baseline’ condition, estimation of ‘service lift’ and resource ‘exchange values‘ for restoration actions · Tools and methods for ‘net service’ accounting using GIS and HEA will be demonstrated using settled case and hypothetical example · Application of NRDA techniques to ESSA
About the Instructor
 Dr. Johns is an aquatic scientist who specializes in aquatic ecological risk assessments (ERAs), particularly those associated with contaminated sediment. The focus of his 30 years of professional experience has been on the effects of toxic pollutants on aquatic organisms. Dr. Johns is responsible for the management of large, multi-task, multi-disciplinary environmental investigations, including remedial investigation/feasibility studies (RI/FSs) and natural resource damage assessments (NRDAs). He has served as the program manager for investigations at several large Superfund sites, including the Lower Duwamish Waterway RI/FS and the Portland Harbor ERA. Dr. Johns has also served in an advisory capacity as a technical expert in the regulatory arena, providing technical review and comments on proposed environmental regulations. In addition, he has provided technical support to clients involved in litigation regarding mining sites, petrochemical facilities, heavy industrial sites, and ports. As a principal investigator at the EPA National Research Laboratory in Narragansett, Rhode Island, he served as assistant technical director of the joint EPA/US Army Corps of Engineers (USACE) Field Verifications Program, one of the first comprehensive programs to assess the impacts of contaminated sediment on aquatic species, and one of the first applications of an ERA to contaminated sediments. Dr. Johns is a recognized expert on the use of bio-assessment techniques to evaluate sediment contamination, and he was responsible for the development of the Neanthes bioassay used by EPA and USACE.
What to Bring
A laptop with MS Excel installed for simple HEA, a notebook and several pencils. Drinks and snacks will be provided each day. Lunch will be on your own.
Billing Information
In order to guarantee a space in a course, the tuition must be paid in full TWO WEEKS before the first day of the course by either check or credit card. State and government agencies paying with a purchase order are allowed payment under the two-week time frame if a copy of the purchase order is received by NWETC.
If You Need to Cancel
Cancellations*-
With 31 or more days notice, we will offer a 100% refund or credit towards a future course. The credit is good for one year and may be applied to any course.
- With 30-8 days notice, we will offer a course credit towards a future course. The credit is good for one year and may be applied to any course.
- With fewer than 8 days notice, there is no course credit available
*Please note that attendee replacement is welcome at any time
Disability Accommodations
Disability Accommodations:To request disability accommodations, please contact us at info@nwetc.org or 425-270-3274 at least 30 days prior to the event.
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