Resolving Conflict in Applying the Washington State Natural Resource Damage Assessment Compensation Schedule-Spill Volume Determination in the Absence of Volumetric Methods

1999 ◽  
Vol 1999 (1) ◽  
pp. 519-525
Author(s):  
David Mora ◽  
Greg Challenger
Keyword(s):  
Natural Resource ◽  
Oil Recovery ◽  
Damage Assessment ◽  
Oil Spills ◽  
Cost Effective ◽  
Volume Estimation ◽  
Volume Determination ◽  
Natural Resource Damage Assessment ◽  
Spilled Oil ◽  
Volumetric Methods

ABSTRACT Many jurisdictions rely upon compensation formulae for environmental damages caused by oil spills in lieu of protracted in situ studies. Formulae often rely on quantity and physical properties of the oil. The State of Washington Natural Resource Damage Assessment (NRDA) compensation schedule is primarily based on quantity spilled. The quantity spilled is multiplied by relative values or scaling factors related to general environmental effect and habitat vulnerability indices. Using the formula, a range of $l–$50 dollars per gallon is possible. Spill volume estimation is therefore an important and sometimes controversial issue, especially when spilled volumes are not quantifiable by conventional volumetric methods. While methods of estimating spilled oil from recovery equipment, on the water, and along the shoreline are available, quantifying oil that may be bound to items in the waste stream presents many challenges and must address difficulties such as evaporative oil loss, water bound to recovered materials, varied types of absorbent materials and oiled debris among others. Attempts to quantify recovered oil from the M/V Nosac Forest (1993), Tosco Ferndale (1997), and M/V Anadyr (1998) oil spills yielded reasonable but uncertain results. Questions remain with respect to the accuracy of oil recovery estimates and the cost-effectiveness of the approach. Utilizing assumptions is necessary in any oil volume estimation technique and can be the basis for contention. However, utilizing a collaborative investigative process, where both state and responsible party investigators participate, can alleviate many potential concerns. While uncertainty remains, a collaborative process can lead to consensus and a cost-effective approach to spilled-oil estimation techniques in the absence of conventional volumetric methods.

COMPUTER MODELS FOR DAMAGE ASSESSMENT: ESTIMATES OF USE AND RESULTS1

1995 ◽  
Vol 1995 (1) ◽  
pp. 339-344
Author(s):  
James F. Bennett ◽  
Bruce E. Peacock ◽  
Timothy R. Goodspeed
Keyword(s):  
Natural Resource ◽  
Damage Assessment ◽  
Oil Spills ◽  
Simulation Models ◽  
Field Studies ◽  
Historical Record ◽  
Assessment Model ◽  
Hazardous Substance ◽  
Natural Resource Damage Assessment ◽  
Damage Assessment Model

ABSTRACT Through the process of natural resource damage assessment (NRDA), certain public agencies have the authority to recover monetary damages from parties responsible for injury to natural resources from a discharge of oil or a release of a hazardous substance. Computer simulation models have been developed as simplified procedures for these natural resource trustees to use in calculating damages without undertaking extensive field studies. The revised Natural Resource Damage Assessment Model for Coastal and Marine Environments (NRDAM/CME) and the Natural Resource Damage Assessment Model for the Great Lakes Environments (NRDAM/GLE) are being developed to serve an expanding user community of public natural resource trustees. These tools may enable natural resource managers to expedite settlements and execute environmental restoration. To estimate the potential use of the NRDA models for oil spills, the authors have developed a set of candidate spill occurrences based on the historical record. Representing an estimated 337 applicable spill events in the subject year, 121 model runs generated damage figures ranging from zero to more than half a million dollars.

scholarly journals A PROPOSED RESOURCE DAMAGE ASSESSMENT METHODOLOGY FOR WASHINGTON STATE1

1989 ◽  
Vol 1989 (1) ◽  
pp. 275-279 ◽  
Author(s):  
Laura Geselbracht ◽  
Jonathan Rubin ◽  
Thomas M. Leschine
Keyword(s):  
Oil Spill ◽  
Damage Assessment ◽  
Oil Spills ◽  
Cost Effective ◽  
Field Studies ◽  
State Legislature ◽  
State Agencies ◽  
Natural Resource Damage Assessment ◽  
Oil Spill Response ◽  
Assessment Procedures

ABSTRACT A state legislature sponsored study of Washington's oil spill damage assessment programs has revealed a number of problems. Studies designed to assess damages following major marine oil spills have not always been cost-effective and appropriate, state oil spill response activities have been difficult to fund, agencies have had difficulties spending damage recoveries in accordance with state law, and laws and regulations provide inadequate guidance on how to monetize resource damages identified. In addition, state agencies lack an alternative to field-based studies for compensation recovery in situations where damages are for all intents and purposes unquantifiable. An examination of CERCLA-based natural resource damage assessment procedures, the civil penalties in lieu of damages system employed by the State of Alaska, and other damage assessment practices had led to a recommendation for substantial changes in state marine resource damage assessment procedures. The recommended approach emphasizes the use of CERCLA-like preassessment screening to guide decisions about whether to quantify damages through field studies or to charge civil penalties in lieu of damages, as done in Alaska. In addition, emphasis is placed on direct negotiations with the responsible party to identify restoration/enhancement projects as alternatives to paying damages, and on developing capabilities to manage recovered damages and assessment costs through a new revolving fund.

scholarly journals THE SECOND GENERATION OF NATURAL RESOURCE DAMAGE ASSESSMENTS: LESSONS LEARNED?1

1993 ◽  
Vol 1993 (1) ◽  
pp. 727-731
Author(s):  
Randall B. Luthi ◽  
Linda B. Burlington ◽  
Eli Reinharz ◽  
Sharon K. Shutler
Keyword(s):  
Natural Resources ◽  
Oil Spill ◽  
Natural Resource ◽  
Damage Assessment ◽  
Oil Spills ◽  
Oil Pollution ◽  
Economic Valuation ◽  
Lessons Learned ◽  
General Counsel ◽  
Natural Resource Damage Assessment

ABSTRACT The Damage Assessment Regulations Team (DART), under the Office of General Counsel of the National Oceanic and Atmospheric Administration (NOAA), has centered its efforts on developing natural resource damage assessment regulations for oil pollution in navigable waters. These procedures will likely lower the costs associated with damage assessments, encourage joint cooperative assessments and simplify most assessments. The DART team of NOAA is developing new regulations for the assessment of damages due to injuries related to oil spills under the Oil Pollution Act of 1990. These regulations will involve coordination, restoration, and economic valuation. Various methods are currently being developed to assess damages for injuries to natural resources. The proposed means include: compensation tables for spills under 50,000 gallons, Type A model, expedited damage assessment (EDA) procedures, and comprehensive procedures. They are being developed to provide trustees with a choice for assessing natural resource damages for each oil spill.

INCIDENT COMMAND SYSTEM AND NATURAL RESOURCE DAMAGE ASSESSMENT: MULTIPLE ROLES FACING NATURAL RESOURCE TRUSTEE AGENCIES1

1995 ◽  
Vol 1995 (1) ◽  
pp. 345-350
Author(s):  
Pierre H. duVair
Keyword(s):  
Natural Resource ◽  
Damage Assessment ◽  
Oil Spills ◽  
Multiple Roles ◽  
Incident Command System ◽  
Incident Command ◽  
Natural Resource Damage Assessment ◽  
Primary Responsibility ◽  
Unified Command ◽  
And Training

ABSTRACT This paper discusses the continually evolving subjects of emergency response and natural resource damage assessment (NRDA) from the perspective of a state natural resource trustee agency. Following the Exxon Valdez and American Trader spills, California enacted a law that gave the Department of Fish and Game primary responsibility for management of oil spills in marine waters of the state. There are considerable advantages to placing the lead responsibility for spill response and damage assessment on a single trustee agency which must carry out prespill planning and training, and participate in drills. Trustee agencies potentially face numerous roles in significant spill events; methods have been developed to facilitate the conduct of these activities. In particular, the unified command structure, incident command system, and the trustee NRDA team concept are useful.

WASHINGTON'S MARINE OIL SPILL COMPENSATION SCHEDULE—SIMPLIFIED RESOURCE DAMAGE ASSESSMENT

1993 ◽  
Vol 1993 (1) ◽  
pp. 705-709 ◽  
Author(s):  
Laura Geselbracht ◽  
Richard Logan
Keyword(s):  
Oil Spill ◽  
Natural Resource ◽  
Damage Assessment ◽  
Washington State ◽  
Environmental Harm ◽  
The Past ◽  
Natural Resource Damage Assessment ◽  
Administrative Code ◽  
Spilled Oil ◽  
Responsible Party

ABSTRACT The Washington State Preassessment Screening and Oil Spill Compensation Schedule Rule (Chapter 173–183 Washington Administrative Code), which simplifies natural resource damage assessment for many oil spill cases, became effective in May 1992. The approach described in the rule incorporates a number of preconstructed rankings that rate environmental sensitivity and the propensity of spilled oil to cause environmental harm. The rule also provides guidance regarding how damages calculated under the schedule should be reduced to take into account actions taken by the responsible party that reduce environmental injury. To apply the compensation schedule to marine/estuarine spills, the resource trustees need only collect a limited amount of information such as type of product spilled, number of gallons spilled, compensation schedule subregions the spill entered, season of greatest spill impact, percent coverage of habitats affected by the spill, and actions taken by the responsible party. The result of adding a simplified tool to the existing assortment of damage assessment approaches is that resource trustees will now be able to assess damages for most oil spill cases and shift more effort than was possible in the past to resource restoration.

THE RELATIONSHIP BETWEEN THE AVAILABILITY OF APPROPRIATE RESTORATION PROJECTS AND INJURY ASSESSMENT

2008 ◽  
Vol 2008 (1) ◽  
pp. 1171-1174
Author(s):  
John Kern ◽  
Lisa Dipinto ◽  
John Rapp
Keyword(s):  
Oil Spill ◽  
Natural Resource ◽  
Oil Spills ◽  
Oil Pollution ◽  
Geographic Location ◽  
Cost Effective ◽  
Restoration Planning ◽  
Natural Resource Damage Assessment ◽  
Injury Assessment ◽  
The Relationship

ABSTRACT The natural resource damage assessment (NRDA) process under the Oil Pollution Act regulations is restoration-focused. In order to proceed with a NRDA after Preassessment Phase activities are completed, the natural resource trustees must determine that feasible restoration actions are available to address the potential injuries resulting from the discharge of oil. If this determination is made, the trustees can move forward and conduct injury assessment and injury quantification as part of the Restoration Planning Phase. The availability of appropriate restoration alternatives for natural resources can have a profound effect on the nature of both injury assessment and injury quantification that is necessary for a particular oil spill. This paper examines that relationship, using some examples from settled oil spill NRDA cases to illustrate how the availability of appropriate and cost-effective restoration alternatives can reduce the overall cost of a NRDA and the length of time necessary to reach an appropriate settlement. The type of restoration and the degree to which it is scaleable can also influence both cost and time to reach settlement. It also discusses some of the factors that are important in determining to what degree restoration opportunities influence the injury assessment and quantification process for oil spills, including geographic location, previous experience with similar spills, and the degree of cooperation that exists between the trustees and the responsible party.

scholarly journals Restoration Scaling Approaches to Addressing Ecological Injury: The Habitat-Based Resource Equivalency Method

2020 ◽  
Vol 65 (2) ◽  
pp. 161-177 ◽  
Author(s):  
Mary Baker ◽  
Adam Domanski ◽  
Terill Hollweg ◽  
Jason Murray ◽  
Diana Lane ◽  
...  
Keyword(s):  
Natural Resource ◽  
Oil Spills ◽  
Error Rates ◽  
Hazardous Substances ◽  
Habitat Equivalency Analysis ◽  
Natural Resource Damage Assessment ◽  
As Species ◽  
Ecological Habitat ◽  
Multiple Species ◽  
Species Specific

AbstractNatural resource trustee agencies must determine how much, and what type of environmental restoration will compensate for injuries to natural resources that result from releases of hazardous substances or oil spills. To fulfill this need, trustees, and other natural resource damage assessment (NRDA) practitioners have relied on a variety of approaches, including habitat equivalency analysis (HEA) and resource equivalency analysis (REA). The purpose of this paper is to introduce the Habitat-Based Resource Equivalency Method (HaBREM), which integrates REA’s reproducible injury metrics and population modeling with HEA’s comprehensive habitat approach to restoration. HaBREM is intended to evaluate injury and restoration using organisms that use the habitat to represent ecological habitat functions. This paper seeks to expand and refine the use of organism-based metrics (biomass-based REA), providing an opportunity to integrate sublethal injuries to multiple species, as well as the potential to include error rates for injury and restoration parameters. Applied by NRDA practitioners in the appropriate context, this methodology can establish the relationship between benefits of compensatory restoration projects and injuries to plant or animal species within an affected habitat. HaBREM may be most effective where there are appropriate data supporting the linkage between habitat and species gains (particularly regionally specific habitat information), as well as species-specific monitoring data and predictions on the growth, density, productivity (i.e., rate of generation of biomass or individuals), and age distributions of indicator species.

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