NOAA focuses on restoration after spills

The National Oceanic & Atmospheric Administration has proposed a rule designed to enable quick restoration of U.S. natural resources damaged by an oil spill. The 1990 Oil Pollution Act (OPA90) requires the public to be compensated for injury or loss of natural resources and services in the case of an oil spill. A final rule is to be issued by yearend. The proposed rule, which departs substantially from one offered in January 1994, focuses on restoration of resources, not payment for damages.

Aug. 21, 1995

2 min read

The National Oceanic & Atmospheric Administration has proposed a rule designed to enable quick restoration of U.S. natural resources damaged by an oil spill.

The 1990 Oil Pollution Act (OPA90) requires the public to be compensated for injury or loss of natural resources and services in the case of an oil spill. A final rule is to be issued by yearend.

The proposed rule, which departs substantially from one offered in January 1994, focuses on restoration of resources, not payment for damages.

Doug Hall, NOAA deputy administrator, said, "The ultimate goal of OPA90 is to quickly and efficiently restore natural resources and services. This new rule squarely focuses on that goal."

The proposed rule would change the way environmental liability is determined after a spill. It would identify damages, evaluate restoration alternatives, and involve the public in restoration.

The proposal eliminates the need to calculate "compensable values" for loss of use of natural resources as a separate part of the damages claim.

It permits a range of damage assessment methods and requires the demonstration that natural resources were measurably harmed.

It also offers a wider range of options for restoration. Alternatives would be evaluated based on their effectiveness in meeting restoration objectives and their relative costs. Governments must consider allowing recovery by natural processes.