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DOI/ASPMB RIN: 1090-AB26 Publication ID: Fall 2023 
Title: Natural Resource Damages for Hazardous Substances 
Abstract:

This proposal would update the existing Type A Rule of the CERCLA Natural Resource Damage Assessment and Restoration (NRDAR) regulations so it could be used in different environments and include methodologies which are not technology specific.  Adjustments would also be made to the rebuttable presumption for Type A procedures which is currently limited to damages of $100,000 or less.

 
Agency: Department of the Interior(DOI)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 300.600    43 CFR 11   
Legal Authority: 42 U.S.C. secs. 9601 et seq. 104, 107, 111 (i), 122   
Legal Deadline:  None

Statement of Need:

This proposed rule would update the existing Type A Rule of the CERCLA Natural Resource Damage Assessment and Restoration (NRDAR) regulations so it could be used in different environments and include methodologies which are not technology specific.  Adjustments would also be made to the rebuttable presumption for Type A procedures which is currently limited to damages of $100,000 or less.

Summary of the Legal Basis:

42 U.S.C. secs. 9601 et seq., 42 U.S.C. 104, 42 U.S.C. 107, 42 U.S.C. 111 (i), and 42 U.S.C. 122.   
Timetable:
Action Date FR Cite
ANPRM  01/19/2023  88 FR 3373   
ANPRM Comment Period End  03/20/2023 
NPRM  11/00/2023 
NPRM Comment Period End  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 1090-AB17 
Agency Contact:
Emily Joseph
Director, Office of Restoration and Damage Assessment
Department of the Interior
Assistant Secretary for Policy, Management and Budget
1849 C Street NW,
Washington, DC 20240
Phone:202 208-4438
Email: emily_joseph@ios.doi.gov