/ VJSK UNFTED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON D.C. 20460 OSWER Directive No. 9200.4-22A MEMORANDUM SUBJECT: FROM: TO: CERCLA Coordination with Natural Resource Trustee, Timothy Fields, Acting Assistant Administrate Office of Solid Waste and Emergency Response Steve Herman, Assistant Adminis.tr Office of Enforcement and Compli surance Director, Office of Site Remediation and Restoration Region I Director, Emergency and Remedial Response Division Region II Director, Hazardous Waste Management Division Regions III, IX Director, Waste Management Division Region IV Director, Superfund Division Regions V, VI, VII Assistant Regional Administrator, Office of Ecosystems Protection and Remediation Region VIII Director, Environmental Cleanup Office Region X Regional Counsels (Regions I-X) This memorandum provides direction for ensuring that the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for coordination with Natural Resource Trustees (Trustees) are met, and clarifies Trustee activities that may be funded under CERCLA. Sections 104(b)(2) and 122(j) of CERCLA require coordination with all affected Trustees and an even greater degree of coordination with the Federal Trustees, in site characterization, response actions, and settlement negotiations. We ask that your managers, technical, and legal staffs dealing with site identification, ranking, response, and legal actions under CERCLA meet their ------- obligations to coordinate fully with Trustees in these activities and that they take full advantage of existing Interagency Agreements with Trustees to support that coordination. Trustees often have information and expertisev.abo,ut the biological effects of hazardous substances, and the location of sensitive species and habitats that can assist EPA in characterizing the nature and extent of site-related contamination and impacts. Coordination at the investigation and planning stages also provides the Trustees early access to information they need to assess injury to natural resources and to meet statutory time lines. That, in turn, allows Trustees to make early decisions about whether restoration is needed in light of the response actions and should generally result in more efficient settlement negotiations and an opportunity to address all liabilities at the site more quickly. Trustee coordination efforts are aimed at achieving three goals: providing Trustees the information needed to meet their legal obligations for actions; sharing information to better protect the public health and the environment; and reducing the time to settlement for all liabilities. CERCLA requirements for the coordination with Trustees are a means to achieve these three goals. This Directive reinforces a previous directive issued in 1989 by Henry Longest (Director, Office of Emergency and Remedial Response) and Bruce Diamond (Director, Office of Waste Programs Enforcement) on Natural Resource Damages Coordination. To achieve that end, we plan to provide greater support to Regions for the implementation of this Directive by disseminating information on identification of Trustees and encouraging Trustees to meet their obligations for coordination. The Trustees shall be given the opportunity to 'review and provide comments on decision documents to the extent practicable. These provisions for sharing information are consistent with those outlined in the OSWER Directive 9295.0-02 (April 1992 MOU between the National Oceanic and Atmospheric Administration and the U.S. EPA concerning the Notification and Coordination of Activities pursuant to CERCLA). If natural resource liability is not resolved in connection with a settlement for CERCLA response or in the absence of a settlement, the Trustees may undertake natural resource damage assessment (NRDA) efforts. A NRDA assesses damage to public trust resources in order to restore' injured resources and services and to compensate the public for their interim loss. As outlined in the National Contingency Plan Subpart G and 43 CFR ------- 11, the development, funding, review, and adoption of an NRDA is the responsibility of the Trustees. Documents produced during CERCLA response by other federal agencies responsible for cleanup (such as DOE/DOD) at facilities under their jurisdiction, custody or control should be reviewed by EPA Remedial Project Managers or On-Scerie Coordinators. However, if any portion of these documents addresses restoration of trust resources and/or compensation for injured resources and services, that portion of the document would be the sole responsibility of Trustees and EPA review is not sought. In order to avoid confusion, these documents should separate the restoration of trust resources and/or compensation for injured resources and services from other assessments. Roles and Responsibilities of EPA and Natural Resource Trustees EPA and the Trustees have different but complementary roles under CERCLA. In general, EPA selects response actions to protect health and the environment at EPA lead sites. When assuming this responsibility, EPA applies those provisions of CERCLA that pertain to the development and implementation of removal and remedial actions at CERCLA sites and related activities, including site characterization (extent and nature of contamination and baseline risk assessment), remedial alternatives evaluation, and remedial selection, design, action, and monitoring. EPA is responsible for the development of Remedial Investigation/Feasibility Studies (RI/FS), Engineering Evaluation/Cost Analyses (EE/CA), and ecological risk assessments, proposed plans and Records of Decision, Action Memoranda, and remedial design and remedial effectiveness monitoring plans. The NRDA is used to identify additional actions, beyond the response needed, to address natural resources. These include actions needed to restore the productivity of habitats or the species diversity that were injured by the past releases or to replace them with substitute resources). A Trustee may also seek to determine compensation for the loss of injured natural resources from the time of injury until the time they are fully restored by assessing lost human and ecological services. EPA guidance recommends an ecological risk assessment as part of its process for assessing the impacts of site-related contamination. Ecological risk assessments analyze the actual or potential impacts of a hazardous substance release, and of the various removal or remedial action alternatives. Ecological risk information may be relevant in a NRDA and both EPA and the ------- Trustees should benefit from sharing information and coordination in the conduct of ecological risk assessments. Identification of Trustees Executive Order 12580 Section 1(c) and Section 300.600 of the National Contingency Plan (NCP) designate the Federal Trustees, which include the Department of Interior (DOI), the National Oceanic and Atmospheric Administration (NOAA) (by delegation from the Secretary of Commerce) and the Secretaries of Agriculture, Defense, and Energy. Section 300.615(b) states that Trustees are responsible for designating to the Regional Response Teams appropriate contacts to receive notifications. Section 300.615(c) outlines actions for Trustees to take. Executive Order 12580 should also be reviewed to more fully understand the identification, roles, and authorities of the Trustees. Appendix A provides an excerpt from the NCP on these subjects. Appendices B, C, and D includes a listing of current Federal and State Natural Resource Trustee representatives. This listing is incomplete-because it does not identify native American Tribes, who must also identify their representatives to EPA regional offices for inclusion in the Regional Contingency Plan. The OSCs/RPMs should use the listing of trustees in the Regional Contingency Plan to notify trustee agencies of potential injuries to natural resources. Per NCP 300.615 Trustees should coordinate with each other to facilitate the exchange of information. Notification of Natural Resource Trustees Section 104(b)(2) of CERCLA requires that EPA promptly notify Federal and State Trustees of potential natural resource injuries and that EPA seek to coordinate the assessments, investigations, and planning of.response activities, with them. As a matter of policy, EPA should 'not only comply with these statutory directives, but should make every, effort to encourage Trustee participation at all stages of response. The statutory requirements are reflected in the National Contingency Plan (40 CFR Part 300). Section 300.410(h) requires that On-Scene Coordinators (OSC's) and Remedial Program Mangers (RPM's) "ensure that ... Trustees are promptly notified" of releases that may injure natural resources. Section 300.430(b)(7) requires that .EPA "seek to coordinate necessary assessments, evaluations, investigations and planning with ... Trustees." Similarly, section 122 (j) (1) of CERCLA requires not just that we notify the Federal Trustees of negotiations concerning releases that may have resulted in natural resource injury, but also requires that we shall encourage their participation in those negotiations. ------- Trustee participation is important because EPA is not. authorized to negotiate on behalf of the Trustees. EPA's policy is to encourage participation by all affected Trustees at every stage in the CERCLA process. Coordination with natural resource Trustees will help EPA assure that environmental impacts are more fully addressed as early .as practicable and will facilitate timely and simultaneous settlement of all liabilities. Through the exchange of information regarding site conditions and response action impacts, EPA and Trustees can provide for more efficient use of resources, reduce costs, and reduce the time to reach final settlement. Coordination may also help Trustees identify actions that may trigger the statute of limitations for NRD actions. 1. Pre-Listing Coordination EPA Regions should notify each Federal, State, and Tribal Trustee of the development of packages supporting the proposal or finalization of a site on the National Priorities List (NPL). Information from Trustee agencies can be useful in characterizing sites and should be considered in the preparation of listing packages. OERR plans to provide both national lists and some site- specific information supporting listing decisions to Trustees. This approach is intended to reduce the workload of Regional offices and serve to help identify relevant Trustees. 2. Coordination of Response Activities In order to promote the sharing of information and reduce the time required to identify and settle all liabilities, EPA will invite and encourage Trustee involvement in planning response activities. Regions should use Biological Technical Assistance Groups (BTAGs) that include representatives from other Federal Agencies that serve as resource managers. Each Region is expected to maintain a fully functioning BTAG and involve this group in review of each stage of the Remedial Investigation/Feasibility Study, including early planning and scoping. Finally, as indicated in the section on identifying Trustees, Regions should encourage BTAGs to help in the identification of Trustees for a site but should not assume that BTAGs will identify all relevant Trustees. 3. Time lines for Notification ------- A court decision (Kennecott Utah Copper Corp. v. Department o_f the Interior (D.C. Cir. July 16, 1996)) on natural resource claims at National Priorities List (NPL) and non-NPL sites reinforced the potential importance of both EPA's listing decisions as well as construction completion determinations on the damage claim statute of limitations for sites on the NPL. Section 113(g)(1)(A) provides a general rule that natural resource damage claims must be brought within three years from the date of the discovery of the loss and its connection with the release in question. For NPL sites, claims for Natural Resources Damages must be brought within .3 years of completion of .the remedial action (excluding operation and maintenance activities). The-Department of Justice, Federal Trustees, and EPA generally argue that "completion of the remedial action" does not occur at multiple-operated unit ("OU") sites until the final OU is completed. However, .the law on this issue is unsettled, and the completion of an interim OU might be found to trigger the statute of limitations period at some sites. In order to assure that Trustees are notified of the completion of construction of each operable unit at sites, EPA will revise its guidance on Construction Completion to explicitly provide for notification of Trustees listed in the Regional Contingency Plans. While this stage may or may not be determined to be the "completion of the remedial action" for purposes of the statute of limitations, notification of Trustees is intended to ensure that they have adequate time to evaluate and present. claims. Section 113(g)(1) of CERCLA provides that claims for natural resource damages at sites where the Federal Government is diligently proceeding with an RI/FS cannot be brought before selection of the remedial action and must be brought within 3 years after completion of the remedial action (excluding operation and maintenance activities). Therefore, Trustees have a compelling interest in knowing the status of pre-remedial and remedial activities at sites. To ensure that Trustees have adequate time to evaluate and present claims,' EPA is revising guidance on. Construction Completion. Also, EPA will seek to consult with Trustees prior to delisting. In the interim period before revision of the Construction Completion guidance, you should refer questions on Construction Completions to Rafael Gonzales, OERR (703) 603-8892. Implementation In order .to facilitate notification and coordination between EPA and Trustees, we have taken two steps: (1) attached to this memorandum is the central contact each Region should use to ------- notify a Federal Trustee of a release or threatened release that may injure a natural resource under its jurisdiction, and (2) the Trustees must still work with EPA Regions to revise the Regional Contingency Plans, established pursuant to the NCP, to identify Trustee representatives for coordination during subsequent stages of response activities (e.g., planning, investigations, negotiations, construction completion/deletion). Funding of Other Federal Agency Activities CERCLA Section 111(c) authorizes using the Fund to pay the costs of (1) assessing natural resources damages, and (2) restoring damaged natural resources. Note, however, that SARA Section 517(c) (1) (A) (ii) [26 U.S.C. Section 9507(c) (1) (A) (ii) ] provides that amounts appropriated from the Fund may not be used for the costs described in CERCLA Section lll(c)(1) and (2) (i.e., for NRDA for Natural Resource restoration. EPA may request assistance from other agencies in evaluating releases and possible responses under Section 104. The overriding SARA prohibition leaves intact the authority of Section lll(c)(3) to use the Fund to notify the Trustees and to coordinate with them on 'site assessments, investigations, and planning activities being conducted under CERCLA Section 104. Such coordination costs, including those incurred by Trustees, can be paid out of the Fund. Thus, although the Fund cannot be used to pay the costs of NRDA or of natural resources restoration, the Fund can be used to pay Trustee agency costs for investigation and coordination activities supporting EPA's efforts. Thus, Regions can provide supplemental funding to be used for such assistance through existing lAGs with Federal Trustees, which are managed by OERR. David Charters (908-906-6825) of OERR's Environmental Response Team in Edison, N.J., manages lAGs that may be used to augment funding for coordination and technical assistance. Through increased coordination efforts with the Trustees we are seeking to make more efficient use of resources and reduce the time required to achieve settlements. In order to evaluate the effects of these efforts it is important that Regions thoroughly document their coordination actions with the Trustees and promptly communicate to Headquarters issues that arise in the implementation of this guidance. If you have questions regarding EPA responsibilities under the statute or how to implement these responsibilities, please ------- 8 contact Joe Tieger in OSRE (202-564-4276) on matters related to coordination of negotiations, and Larry Zaragoza in OERR (703- 603-8867) on matters related to notification of releases or coordination of planning, investigation or evaluations. cc: Federal Trustees ASTSWMO Task Force on NRD Attachment ------- Appendix A SUBPART G of the Final National Contingency Plan TRUSTEES FOR NATURAL RESOURCES § 300.600 Designation of federal trustees. (a) The President is required to designate in the National Contingency Plan (NCP) those federal officials who are to act on behalf of the public as trustees for natural resources. Federal officials so designated will act pursuant to section 107(f) of CERCLA and section 311(0(5) of the Clean Water Act (CWA) and section 1006 of the Oil Pollution Act (OPA). Natural resources means land, fish, wildlife, biota, 'air, water, ground water, drinking water supplies, and such other resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled (hereinafter referred to as "managed or controlled") by the United States (including the resources of the exclusive economic zone). (b) The following individuals shall be the designated trustee(s) for general categories of natural resources, including their supporting ecosystems. They are authorized to act pursuant to section 107(f) of CERCLA, section 311(f)(5) of the CWA, or section 1006 of the OPA when there is injury to, destruction of. loss of, or threat to natural resources, including supporting ecosystems, as a result of a release of a hazardous substance or a discharge of oil. Notwithstanding the other designations in this section, the Secretaries of Commerce and the Interior shall act as trustees of those resources subject to their respective management or control. (1) Secretary of Commerce. The Secretary of Commerce shall act as trustee for natural resources managed or controlled by the Department of Commerce (DOC) and for natural resources managed or controlled by other federal agencies and that are found in, or controlled under, or using waters navigable by deep draft vessels, tidally influenced waters, or waters of the contiguous zone, the exclusive economic zone, and the outer continental shelf. However, before the Secretary takes an action with respect to an affected resource under the management or control of another federal agency, he shall, whenever practicable, seek to obtain the concurrence of that other federal agency. Examples of the Secretary's trusteeship include the following natural resources and their supporting ecosystems: marine fishery resources; anadromous fish; endangered species and marine mammals; and the resources of National Marine Sanctuaries and national Estuarine Research Reserves. (2) Secretary of the Interior. The Secretary of the Interior shall act as trustee for natural resources managed or controlled by DOI. Examples of the Secretary's trusteeship include the following natural resources and their supporting ecosystems: migratory birds; anadromous fish; endangered species and marine mammals; federally owned minerals; and certain federally managed water resources. The Secretary of the Interior shall also be trustee for those natural resources for which an Indian tribe would otherwise act as trustee in those cases where the United States acts on behalf of the Indian tribe. (3) Secretary for the land managing agency. For natural resources located on, over, or under land administered by the United States, the trustee shall be the head of the department in which the land managing agency is found. The trustees for the principal federal land managing agencies are the Secretaries of the DOI, the U.S. Department of Agriculture (USDA), the Department of Defense (DOD), and the Department of Energy (DOE). (4) Head of authorized agencies. For natural resources located in the United States but ------- not otherwise described in this section, the trustee shall be the head of the federal agency or agencies authorized to manage or control those resources. § 300.605 State trustees. State trustees shall act on behalf of the public as trustees for natural resources, including their surrounding ecosystems, within the boundary of a state or belonging to, managed by, controlled by, or appertaining to such state. For the purposes of subpart G of this part, the definition of the term "state" does not include Indian tribes. The governor of a state is encouraged to designate a state lead trustee to coordinate all state trustee responsibilities with other trustee agencies and with response activities of the RRT and OSC. The state's lead trustee would designate a representative to serve as a contact with the OSC. This individual should have ready access to appropriate state officials with environmental protection, emergency response, and natural resource responsibilities. The EPA Administrator or United States Coast Guard (USCG) Commandant or their designees may appoint the state lead trustee as a member of the Area Committee. Response strategies should be coordinated between the state and other trustees and the OSC for specific natural resource locations in an inland or coastal zone and should be included in the Fish and Wildlife Sensitive Environments Plan annex of the ACP. §300.610 Indian tribes. The tribal chairmen (or heads of the governing bodies) of Indian tribes, as defined in § 300.5, or a person designated by the tribal officials, shall act on behalf of the Indian tribes as trustees for the natural resources including their supporting ecosystems, belonging to, managed by, controlled by, or appertaining to such Indian tribe, or held in trust for the benefit of such Indian tribe, or belonging to a member of such Indian tribe, if such resources are subject to a trust, restriction on alienation. When the tribal chairman or head of the tribal governing body designates another person as trustee, the tribal chairman or head of the tribal governing body shall notify the President of such designation. Such officials are authorized to act when there is injury to, destruction of, loss of, or threat to natural resources, including their supporting ecosystems as a result of a release of a hazardous substance. § 300.612 Foreign trustees. Pursuant to section 1006 of the OPA, foreign trustees shall act on behalf of the head of a foreign government as trustees for natural resources belonging to, managed by, controlled by, or appertaining to such foreign government. §300.615 Responsibilities of trustees. (a) Where there are multiple trustees, because of coexisting or contiguous natural resources or concurrent jurisdictions, they should coordinate and cooperate in carrying out these responsibilities. (b) Trustees are responsible for designating to the Regional Response Teams (RRTs) and the Area Committees, for inclusion in the Regional Contingency Plan (RCP), appropriate contacts to receive notifications from the OSCs/RPMs of discharges or releases. (c)(1) Upon notification or discovery of injury to, destruction of, loss of, or threat to natural resources, trustees may, pursuant to section 107(0 of CERCLA or section 311(f)(5) of the CWA, take the following or other actions as appropriate: (i) Conduct a preliminary survey of the area affected by the discharge or release to determine if trust resources under their jurisdiction are, or potentially may be, affected; (ii) Cooperate with the OSC/RPM in coordinating assessments, investigations, and ------- planning; (iii) Carry out damage assessments: or (iv) Devise and carry out a plan for restoration, rehabilitation, replacement, or acquisition of equivalent natural resources. In assessing damages to natural resources, the federal, state, and Indian tribe trustees have the option of following the procedures for natural resource damage assessments located at 43 CFR Part 11. (2) Upon notification or discovery of injury to, destruction of. loss of, or loss of use of. natural resources, or the potential for such resulting from a discharge of oil occurring after August 18, 1990, the trustees, pursuant section 1006 of the OPA. are to take the following actions: (i) In accordance with OPA section 1006(c), determine the need for assessment of natural resource damages, collect data necessary for a potential damage assessment, and, where appropriate, assess damages to natural resources under their trusteeship; and (ii) As appropriate, and subject to the public participation requirements of OPA section 1006(c), develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship; (3)(i) The trustees, consistent with procedures specified in the Fish and Wildlife Sensitive Environments Plan Annex to the Area Contingency Plan, shall provide timely advice on recommended actions concerning trustee resources that are potentially affected by a discharge of oil. This may include providing assistance to the OSC in identifying/recommending preapproved response techniques and in predesignating shoreline types and areas in the ACPs. (ii) The trustees shall assure, through the lead administrative trustee, that the OSC is informed of their activities regarding natural resource damage assessment that may affect response operations in order to assure coordination and minimize any interference with such operations. The trustees shall assure, through the lead administrative trustee that all data from the natural resource damage assessment activities that may support more effective operational decisions are provided in a timely manner to the OSC. (iii) Carry out damage assessments; or (iv) Devise and carry out a plan for restoration, rehabilitation, replacement, or acquisition of equivalent natural resources. In assessing damages to natural resources, the federal, state, and Indian tribe trustees have the option of following the procedures for natural resource damage assessments located at 43 CFR part 11. (2) Upon notification or discovery of injury to, destruction of, loss of, or loss of use of, natural resources, or the potential for such, resulting from a discharge of oil occurring after August 18, 1990, the trustees, pursuant to section 1006 of the OPA, are to take the following actions: (i) In accordance with OPA section 1006(c), determine the need for assessment of natural resource damages, collect data necessary for a potential damage assessment, and, where appropriate, assess damages to natural resources under their trusteeship; and (ii) As appropriate, and subject to the public participation requirements of OPA section 1006(c), develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship; (3)(i) The trustees, consistent with procedures specified in the Fish and Wildlife Sensitive Environments Plan Annex to the Area Contingency Plan, shall provide timely advice on recommended actions concerning trustee resources that are potentially affected by a discharge of oil. This may include providing assistance to the OSC in identifying/recommending preapproved response techniques and in predesignating shoreline types and areas in ACPs. (ii) The trustees shall assure, through the lead administrative trustee, that the OSC is informed of their activities regarding natural resource damage assessment that may affect response operations in order to assure coordination and minimize any interference with such operations. The trustees shall assure, through the lead administrative trustee, that all data from the natural resource damage assessment activities that may support more effective operational ------- decisions are provided in a timely manner to the OSC. (iii) When circumstances permit, the OSC shall share the use of federal response resources (including but not limited to aircraft, vessels, and booms to contain and remove discharged oil) with the trustees, providing trustee activities do not interfere with response actions. The lead administrative trustee facilitates effective and efficient communication between the OSC and the other trustees during response operations and is responsible for applying to the OSC for non-monetary federal response resources on behalf of all trustees. The lead administrative trustee is also responsible for applying to the NPFC for funding for initiation of damage assessment for injuries to natural resources. (d) The authority of federal trustees includes, but is not limited to the following actions: (1) Requesting that the Attorney General seek compensation from and the responsible parties for the damages assessed and for the costs of an assessment and of restoration planning; and (2) Participating in negotiations between the United States and potentially responsible parties to obtain PRP-financed or PRP-conducted assessments or protection for threatened resources and to agree to covenants not to sue, where appropriate. (3) Requiring, in consultation with the lead agency, any person to comply with the requirements of CERCLA section 104(e) regarding information gathering and access. (4) Initiating damage assessments, as provided in OPA section 6002. (e) Actions which may be taken by any trustee pursuant to section 107(f)(5) of CERCLA, Section 311(f)(5) of the CWA or section 1006 of the OPA include, but are not limited to any of the following: (1) Requesting that an authorized agency issue an administrative order to pursue injunctive relief against the parties responsible for the discharge or release: or (2) Requesting that the lead agency remove, or arrange for the removal of, or provide for remedial action with respect to, any oil or hazardous substances from a contaminated medium pursuant to section 104 of CERCLA or section 311 of CWA. ------- 13 Appendix B. NOAA CRC Phone/Address List (June 1997) ALYCE FRITZ Hazardous Materials Response and Assessment Division Coastal Resource Coordination Branch CRC Branch Chief 7600 Sand Point Way NE Seattle, WA 98115 (206) 526-6305 Fax (206) 526-6865 JOHN LINDSAY Hazardous Materials Response and Assessment Division Coastal Resource Coordination Branch CRC Section Chief 7600 Sand Point Way NE Seattle, WA 98115 (206) 526-4560 Fax (206) 526-6865 Sky Pager 1-800759-7243 PIN# - 2380985 KEN FINKELSTEIN CRC EPA Region 1 Waste Management Division JFK Federal Bldg Boston, MA 02203-3211 (617)223-5537 Fax (617)573-9662 LISA ROSMAN JENNIFER SCOTT CRC EPA Region 2 18th Floor, Room 31 290 Broadway New York, NY 10007-1866 Lisa (212) 637-3259 Jennifer (212) 637-3257 Fax (212) 637-3253 PETER KNIGHT CRC EPA Region 3 JEFF HENNING Associate CRC EPA Region 3 Superfund Branch 841 Chestnut Building 3HW02 Philadelphia, PA 19107 Peter (215) 566-3321 Jeff(215) 566-3329 Fax (215) 566-3001 DENISE KLIMAS CRC EPA Region 4 MELISSA WATERS Associate CRC EPA Region 4 EPA Waste Management Division Reg 4 100 Alabama St SW Atlanta, GA 30303 Denise (404) 562-8639 Melissa (404) 562-8637 Fax (404) 562-8662 TODD GOEKS CRC EPA Region 5 Mail Code SRT-4J 77 West Jackson Chicago, II 60604 (312)886-7527 FAX (312) 353-9281 RON GOUGUET CRC EPA Region 6 EPA Superfund Management Branch 1445 Ross Avenue 10th Floor Dallas, TX 75202-2733 (214)665-2232 Fax (214) 665-6660 Fx Data-line (214) 665-83 87 Sky Pager 800 759-7243 PIN #1854101 ------- 14 LAURIE SULLIVAN CRC EPA Region 9 HELEN HILLMAN 75 Hawthorne Street H-8-5 9th Floor San Francisco, CA 94105-3901 Laurie (415) 744-3126 Helen (415) 744-2273 FAX (415)744-3123 Lt. CHRIS BEAVERSON CRC EPA Region 10 1200 6th Avenue HW-113 Seattle, WA 98101 (206)553-2101 FAX (206)553-0124 NOAA Hazmat 7600 Sand Point Way NE, Seattle, WA (206)526-6317 ------- 15 Appendix C. U.S. DEPARTMENT OF THE INTERIOR OFFICE OF ENVIRONMENTAL POLICY AND COMPLIANCE REGIONAL ENVIRONMENTAL OFFICERS, ASSISTANTS AND SECRETARIES (June, 1997) BOSTON - CT,MA,ME,NH,NJ,NY,RI,VT Andrew L. Raddant Vacant Vacant FAX: 617-223-8569 617-223-8565 408 Atlantic Avenue, Room 142 Boston, Massachusetts 02210-3334 PHILADELPHIA - DC,DE,IL,IN,MD,MI,MN,OH,PA,VA,WI,WV Donald R. Henne Michael T. Chezik Denise A. Wiggins FAX: 215-597-9845 (Primary) 215-597-5012 (Alternate) 215-597-5378 Custom House, Room 244 200 Chestnut Street Philadelphia, Pennsylvania 19106 ATLANTA - AL,FL,GA,KY.MS,NC,PR,TN,SC,VI James H. Lee Gregory L. Hogue Carolyn E. Hendricks FAX: 404-331-1736 404-331-4524 Russell Federal Building, Suite 345 75 Spring Street, S.W. Atlanta, Georgia 30303 ALBUQUERQUE - AR,LA,NM,OK,TX Glenn B. Sekavec Stephen R. Spencer Vacant FAX: 505-766-1059 505-766-3565 Post Office Box 649 Albuquerque, New Mexico 87103 (625 Silver Ave., SW, Suite 190 87102) DENVER - CO,IA,KS,MO.MT,NE,ND,SD,UT,WY Robert F. Stewart Barbara M. Schmalz William C. Allan • Anna Aytes FAX: 303-236-4093 303-236-6900 P.O. Box 25007 (D-108) Denver Federal Center Denver, Colorado 80225-0007 (Building 56, Room 1003 6th and Kipling) SAN FRANCISCO - AS,AZ,CA,CM,GU,HI,NV Patricia S. Port Harry (Chip) E. Demarest Tracey Y. Queripel FAX: 415-744-4121 415-427-1477 600 Harrison Street, Suite 515 San Francisco, CA 94107-1376 PORTLAND - ID,OR,WA Preston A. Sleeger, Acting Vacant Vacant FAX: 503-231-2361 503-231-6157 500 NE Multnomah Street Suite 600 Portland, Oregon 97232-2036 ANCHORAGE - AK Paul D. Gates Pamela A. Bergmann Douglas L. Mutter Vacant FAX: 907-271-4102 907-271-5011 1689 C Street, Room 119 Anchorage, Alaska 99501-5126 ------- 16 Appendix D. Listing of Scate Trustee Representatives (April, 1997) State Natural Resource Damages Contacts for EPA Notification and Coordination ALABAMA Jim Warr Director AL Dept. of Environmental Management P.O. Box 301463 Montgomery, AL 36130-1463 PH: (334)271-7700 FAX: (334)279-3043 ALASKA Michele Brown Director AK Dept. of Environmental Conservation 410Willoughby Juneau,AK 99801-1795 PH: (907)465-5065 FAX: (907) 465-5070 ARIZONA Jeffrey Kulon AZ Dept. of Environmental Quality CERCLA Program 3033 North Central Ave. Phoenix, AZ 85012 PH: (602) 207-4181 FAX: (602) 207-4236 Mark Dahlberg AZ Dept. of Fish & Game 2221 WestGreenway Phoenix, AZ 85023 PH: (602) 789-3260 FAX: (602) 789-3920 ARKANSAS Randall Mathis Director AR Dept. of Pollution Control and Ecology 800 National Drive P.O. Box 8913 Little Rock, AR 72219-8913 PH: (501) 682-0959 FAX: (501)682-0798 ------- CALIFORNIA 17 Michael Martin CA Dept. of Fish & Game 20 Lower Ragsdale Dr., Suite 100 Monterey, CA 93940 PH: (408) 649-7178 FAX: (408) 649-2894 Paul D. Blais C A Dept. Of Toxic Substances Control P.O. Box 806 Sacramento, CA 95816 PH: (916) 323-3577 FAX: (916) 323-3700 COLORADO Patti Shwayder Executive Director CO Dept. of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80222-1530 PH: (303) 692-2100 FAX: (303) 782-0095 Ron Cattany Deputy Director CO Dept. of Natural Resources 1313 Sherman Street Denver, CO 80203 PH: (303) 866-3311 FAX: (303) 866-2115 Gail Norton Attorney General CO Dept. of Law 1525 Sherman Street, 5th Floor Denver, CO 80203 PH: (303) 866-4500 FAX: (303) 866-3052 CONNECTICUT Elsie Patton Assistant Director CT Dept. of Environmental Protection Bureau of Water Management 79 Elm St. Hartford CT 06106 PH: (860) 424-3762 FAX: (203) 4244057 ------- 18 DELAWARE Robert Allen Environmental Scientist DE Dept. of Natural Resources & Environmental Control 89 Kings Highway P.O. Box 1401 Dover, DEI 9903 PH: (302) 739-4403 FAX: (302) 739-6242 DISTRICT OF COLUMBIA Ferial Bishop Administrator DC Dept. of Consumer & Regulator}' Affairs Environmental Regulations Administration 2100 Martin Luther King Ave., SE Washington, DC 20020 PH: (202) 404-1136 FAX: (202) 404-1141 FLORIDA John Costigan Deputy General Counsel Natural Resources Litigation Section FL Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399-3000 PH: (904) 921-9701 FAX: (904) 414-1228 GEORGIA Bill Mundy Manager Corrective Action Program, Environmental Protection Division GA Dept. of Natural Resources 205 Butler St., Suite 1154, Floyd Tower East Atlanta, GA 30334 PH: (404) 656-7802 FAX: (404) 651-9425 ------- HAWAII 19 Bruce Anderson HI Dept. of Environmental Health P.O. Box 3378 Honolulu, HI 96809 PH: (808) 586-4424 FAX: (808) 586-4444 Francis Oishi HI Dept. of Land and Natural Resources P.O. Box 621 Honolulu, HI 96801 PH: (808) 587-0094 FAX: (808) 537-0115 IDAHO Phillip E. Batt Governor State of Idaho P.O. Box 83720 Boise, ID 83720 PH: (208) 334-2100 FAX: (208) 3 34-2175 ILLINOIS Candy Morin IL Bureau of Land NPLUnit P.O. Box 19276 Springfield, IL 62794-9276 PH: (217) 785-9397 FAX: (217) 557-0877 Stephen Davis IL Waste Management & Research Center PH: (217) 557-0877 ------- INDIANA Jim Smith IN Dept. of Environmental Management 100 N Senate P.O. Box 6015 Indianapolis, IN PH: (317) 308-3003 FAX: (317) 308-3063 Wayne Faatz Contaminants IGC-South IN Dept. of Natural Resources Fish & Wildlife, Room W273 402 West Washington St. Indianapolis, IN 46204 PH: (317) 232-4098 FAX: (317) 23 2-8150 IOWA Larry Wilson Director IA Dept. of Natural Resources Wallace State Office Building East 9th and Grand DesMoines.IA 50319-0034 PH: (515) 281-5385 FAX: (515) 281-6794 KANSAS Gary R. Mitchell Secretary KS Dept. of Health and Environmental Sciences 900 SW Jackson Street, #620 Topeka,KS66612-1290 PH: (913) 296-0461 FAX: (913) 368-6368 Ronald Hammerschmidt Director KS Dept. of Health and Environmental Sciences Forbes Field Topeka,KS 66620-0001 PH: (913) 296-1535 FAX: (913) 291-3266 ------- 7 KENTUCKY Leah MacSwords Commissioner's Office K Y Dept. of Environmental Protection MReillyRd. Frankfort, KY 40601 PH:(502) 564-2150 FAX: (502) 564-4245 LOUISIANA Jim Hanifen LA Dept. of Wildlife and Fisheries P.O. Box 98000 Baton Rouge, LA 7098-9000 PH: (504) 765-2390 FAX: (504) 765-2624 Chris Pielher LA Dept. of Environmental Quality P.O. Box 82215 Baton Rouge, LA 70884-2215 PH: (504) 765-0671 FAX: (504) 765-0866 Linda Pace LA Dept. of Natural Resources Office of Coastal Restoration and Management P.O. Box 44487 Baton Rouge, LA 70804-4487 PH:(504) 342-7936 FAX: (504) 342-9439 Roland J. Guidry Authorized Official LA Oil Spill Coordinator's Office Office of the Governor 1885 Wooddale Blvd., 12th Floor Baton Rouge, LA 70806 PH: (504) 922-3230 FAX: (504) 922-3239 ------- MAINE 8 Steven Timpano Environmental Coordinator ME Dept. of Inland Fisheries and Wildlife 287 State St. State House Station 41 Augusta, ME 04333 PH: (207) 287-3286 FAX: (207) 287-6395 Pen Esterbrook Deputy Commissioner ME Dept. of Marine Resources State House Station 21 Augusta, ME 04333 PH: (207) 624-6550 FAX: (207) 624-6024 Stephen Oliveri Resource Administrator ME Dept. of Environmental Conservation Bureau of Parks and Lands State House Station 22 Augusta, ME 04333 PH: (207) 287-4912 FAX: (207) 287-3823 Mark Hyland Director Division of Remediation ME Dept. of Environmental Protection State House Station 17 Augusta, ME 043 3 3 PH: (207) 287-7673 FAX: (207) 287-7826 MARYLAND Bob DeMarco MD Dept. of the Environment 2500 Broening Highway Baltimore, MD 21224 PH: (410) 631-3084 FAX: (410) 631-3888 John Griffin Secretary MD Dept. of Natural Resources Tawes State Office Bldg., 580 Taylor Ave. Annapolis, MD 21401 -2397 PH: (410) 974-3041 FAX: (410) 974-5206 ------- MASSACHUSETTS Sharon Pelosi Executive Office of Environmental Affairs 100 Cambridge St. Boston, MA 02202 PH: (617) 727-9530 x426 FAX: (617) 727-2754 MICHIGAN Nanette D. Leemon MI Dept. of Environmental Quality Environmental Response Division P.O. Box 30426 Lansing, MI 48909-7926 PH: (517) 373-4828 FAX: (517) 373-2637 MINNESOTA Marilyn Danks MN Dept. of Natural Resources 500 Lafayette Rd. Box 25 St. Paul, MN 55155-4025 PH: (612) 296-0777 FAX: (612) 296-1811 Steve Enger MN Dept. of Natural Resources 500 Lafayette Rd. Box 25 St. Paul, MN 55155-4025 PH: (612) 296-0782 FAX: (612) 296-1811 Gary Pulford Solid Waste Section Manager MN Pollution Control Agency 520 Lafayette Rd. North St. Paul, MN 55155-4194 PH: (612) 296-7340 FAX: (612) 296-9707 MISSISSIPPI Russell Smith Office of Pollution Control, Hazardous Waste Division MS Dept. of Environmental Quality P.O. Box 10385 Jackson, MS 39289-0385 PH: (601)961-5072 FAX: (601)961-5741 . ------- 10 MISSOURI David S. Schorr Director MO Dept. of Natural Resources P.O.Box 176 Jefferson City, MO 65102 PH: (573) 751-4422 FAX: (573)-751-7627 MONTANA NEBRASKA Mark Simonich Director Dept. of Environmental Quality 1520 East 6th Avenue PO Box 20091 Helena, MT 59620-0901 PH: (406) 444-2544 FAX: (406) 444-4386 Rob Collins Supervisory Assistant Attorney General 1310E. Lockey Old Livestock Building PO Box 201425 Helena, MT 59620-1425 PH: 406-444-0205 FAX: 406-444-0236 Randolph Wood Director NE Dept. of Environmental Quality Box 98922 Lincoln, NE 68509-8922 PH: (402) 471-4231 FAX: (402) 471-2909 NEVADA Lewis H. Dodgion NV Div. of Environmental Protection 333 W. Nye Lane Carson City, NV 89706-0866 PH: (702) 687-4670 FAX: (702) 687-5856 NEW HAMPSHIRE Carl Baxter NH Dept. of Environmental Services Waste Management Division 6 Hazen Dr. Concord, NH 03 3 301-6509 PH: (603) 271-2908 FAX: 603) 271-2456 10 ------- 11 NEW JERSEY Martin McHugh Chief Office of Natural Resource Damages NJ Dept. of Environmental Protection 501 E. State St., CN 404 Trenton, NJ 08625 PH: (609) .984-5475 FAX: (609) 984-0836 NEW MEXICO Steve Gary Office of the Natural Resource Trustee P.O. Box 26110 1190 St. Francis Dr. Sante Fe, MM 87502 PH: (505) 827-1035 FAX: (505) 827-1049 NEW YORK Sharon Brooks Senior Economist Natural Resource Damages Unit NY Dept. of Environmental Conservation 50WolfRd.,Rm.403 Albany, NY 12233-1090 PH: (518) 302-323-4540 FAX: (518) 485-8424 NORTH CAROLINA Rob Gelblum Assistant Attorney General NC Dept. of Environmental Health & Natural Resources P.O. Box 27687 Raleigh, NC 27611 PH: (919) 733-2801 x3O4 FAX: (919) 733-8352 NORTH DAKOTA Frances Schwindt Chief Environmental Health Division ND Dept. of Health 600 E. Boulevard Avenue 2nd Floor Judicial Wing Bismarck, ND 58506-5520 PH: (701)328-5520 11 ------- OHIO 12 Frank Basting OH Environmental Protection Agency P.O. Box 1049 Columbus, OH 43216-1049 PH: (614) 644-2320 FAX: (614)644-3146 Vanessa Steigerwald OH Environmental Protection Agency P.O. Box 1049 Columbus, OH 43216-1049 PH :(614)644-2286 FAX: (614) 644-3146' OKLAHOMA Gary Scherrer Secretary of the Environment State of Oklahoma 3800 N. Classen St. Oklahoma City, OK 73118 PH: (405) 530-8800 FAX: (405) 530-8900 OREGON Langdon Marsh Director OR Dept. of Environmental Quality 811 SW6thSt. Portland, OR 97204 PH: (503) 229-5300 FAX: (503) 229-5850 12 ------- PENNSYLVANIA 13 John Arway Chief Environmental Services PA Fish & Boat Commission 3532 Walnut St. P.O. Box 67000 Harrisburg, PA 17106-7000 PH: (814) 359-5147 Robert Orwan Chief Remediation Services Division PA Dept. of Environmental Protection State Office Bldg., P.O. Box 2063 400 Market St. Harrisburg, PA 17105-2063 PH: (717) 787-2814 FAX: (717) 783-8926 Donald Madl Executive Director PA Game Commission 2001 ElmertonAve. Harrisburg, PA 17110-9767 PH: (717) 787-3633 FAX: (717) 772-0502 RHODE ISLAND Warren Angell Supervising Engineer RI Dept. of Environmental Management Office of Waste Management 235 Promenade St. Providence, RI 02908 PH: (401) 277-3872 FAX: (401)277-2591 SOUTH CAROLINA Keith Lindler Director Site Assessment & Remediation Division SC Dept. of Health & Environmental Control 2600 Bull St. Columbia, SC 29201 PH: (803) 896-4052 FAX: (803) 896-4001 13 ------- SOUTH DAKOTA 14 Nettie H. Myers Secretary SD Dept. of Environment and Natural Resources 423 East Capitol Avenue Pierre, SD 57501-3181 PH: (605) 773-5559 FAX: (605) 773-6035 TENNESSEE Joe Sanders Office of General Counsel TN Dept. of Environment & Conservation 312 Eighth Ave., North Nashville, TN 37243-1548 PH: (615) 532-0131 FAX: (615) 532-0145 TEXAS Richard Seller Manager Natural Resource Trustee Program TX Natural Resource Conservation Commission P.O. Box 13087, MC 142 Austin, TX 78711-3087 PH: (512) 239-2523 FAX: (512) 239-2527 Diane Hyatt Director Damage Assessment T'X General Land Office Legal Division Stephen F. Austin Bldg. 1700N. Congress Ave. Austin, TX 78701-1495 PH: (512) 475-1395 FAX: (512) 463-5367 Don Pitts NRDA Coordinator TX Parks and Wildlife Resource Protection Division 4200 Smith School Rd. Austin, TX 78744 PH: (512) 389-4640 FAX: (512) 389-4394 14 ------- 15 UTAH Dianne R. Nielson Executive Director UT Dept. of Environmental Quality 168 North 1950 West Salt Lake City, UT 84116 PH: (801) 536-4402 FAX: (801)536-0061 VERMONT George Desch Chief Sites Management Section VT Dept. of Environmental Conservation West Building 103 S. Main St. Waterbury.VT 05671-0404 PH: (802) 241-3491 FAX: (802) 244-1102 VIRGINIA Becky Norton-Dunlop Secretary of Natural Resources P.O. Box 1475 Richmond, VA 23212 PH: (804) 371-8333 FAX: (804) 786-0044 WASHINGTON Thomas C. Fitzsimmons Director Dept. of Ecology P.O. Box 47600 Olympia, WA 98504 PH: (360) 407-7001 FAX: (360) 407-6989 WEST VIRGINIA Pamela Hayes Asst. Chief Office of Waste Management Div. of Environmental Protection 1356HansfordSt. Charleston, WV 25305 PH: (304) 558-2745 FAX (304) 558-0256 15 ------- WISCONSIN 16 Brenda Hagman WI Dept. of Natural Resources Office of Environmental Enforcement EE15 101 S.Webster St. P.O. Box 7921 Madison, WI 53707 PH: (608) 266-5883 FAX: (608) 266-3696 WYOMING TERRITORIES: PUERTO RICO U.S. VIRGIN ISLANDS Dennis Hemmer Director WY Dept. of Environmental Quality Herschler Building Cheyenne.WY 82002 PH: (307) 777-7938 FAX: (307) 777-7682 John Baughman Director WY Game and Fish Department 5400 Bishop Blvd. Cheyenne, WY 82006 PH: (307) 777-4501 FAX: (307) 777-4699 Denaro Torres Director Emergency Response Area in Superfund Environmental Quality Board Box 11488 Santurce, Puerto Rico 00910 PH: (787)-766-2823 FAX:(787)-766-0150 Bula Dalmida-Smith. Department of Planning and Natrual Resources Government of the Virgin Islands Foster's Plaza 391-1 Anna's Retreat St Thomas USVI00802 PH: (340)774-3320 FAX: (340)775-5706 Vinca Liane Jarrett, Esq. 1236 Strand Street, Suite 103 Christiansted, St. Croix U.S. Virgin Islands 00820-5008 PH: (809)773-6142 FAX: (809)773-3944 . 16 ------- |