NRDA LIABILITY AT FORMER MGP SITES: WHAT ARE THE KEY ISSUES?

摘要

Historical disposal practices at former Manufactured Gas Plant (MGP) sites may posernsignificant environmental liabilities under various state and federal regulatory programs. ManyrnMGP sites were sited adjacent to streams and rivers, and contaminated sediments are often anrnimportant issue. In cases where sediment contamination is widespread, or where injury tornnatural resources (e.g., wetlands/endangered species) is suspected, natural resource damagernassessment (NRDA) issues can present additional challenges to the site investigation process. Inrncases where off-site injury to natural resources is significant, NRDA costs can reach millions ofrndollars. Although NRDA is a Trustee process, RPs may influence the outcome of the process atrnseveral key decision points. This paper is intended to provide RPs with a greater understandingrnof the NRDA process used by Trustees, and how NRDA issues may be related to the challengesrnof overall environmental liability management at MGP sites. This paper: (1) provides anrnoverview of relevant federal and state NRDA regulations; (2) discusses key issues in determiningrnpotential NRDA liabilities at MGP sites; (3) discusses proactive measures for addressing NRDArnissues with state and federal agencies; and (4) presents possible cost-saving approaches for injuryrnassessment and restoration planning.