The Intersection of Emergency Spill Response,
Natural Resource Restoration,
and Endangered Species Protection
at Midwest Spill Sites
Including case examples from:
Lockport, Illinois Pipeline Spill
Mt. Erie, Illinois Pipeline Spill
Guttenberg, Iowa Trainwreck & Spill
Facilitated by:
Jim Mitchell, USEPA Region 5
Mike Coffey, USFWS Region 3
Background
• Lockport, IL pipeline spill
Dec. 14, 2010
500 barrels crude oil
Ditch to wetlands
3.5 acres of oiled marsh
Trenches, vac trucks, soil removal
Hine’s emerald dragonfly
Background
• Mt. Erie, IL pipeline spill
Aug. 10, 2008
5,000 barrels crude oil
Slope to bottomland forest
7.1 acres of oiled sloughs
Vac trucks, soil removal
Indiana bat
Background
• Guttenberg, IA spill
Jul. 9, 2008
3,800 gallons diesel fuel
Railroad grade to river
Absorbent booms & pads
Mussel bed
Emergency Spill Response
(OPA & CWA)
Migratory Bird
Treat Act (MBTA)
Pollution Response Fund Agreements
PRFA
Rescue of oiled wildlife
Rehab of oiled wildlife
Release of clean wildlife
Protection of downstream
resources = Resources at Risk (RAR)
Shoreline Clean Up and
Assessment Teams (SCAT)
Minimize response impacts =
Resource Advisors (RE-AD)
Not a PRFA activity
Directed by Trustees
Not Incident Commanders
Natural Resource Damage
Assessment and Restoration
(NRDAR)
Endangered Species Act
Consultation (ESA)
The remaining parts of this presentation will be about
the interplay between emergency spill response, ESA
and NRDAR.
http://www.fws.gov/endangered/
http://restoration.doi.gov/Default.aspx
U.S. Fish and Wildlife Service
Region 3
Ecological Services:
Endangered Species Program
Environmental Contaminants Program
Incident Command System
Endangered Species Act (ESA)
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16 U.S.C. 1531 et seq.
Section 9 prohibitions and use of term “take”
Section 7 Federal agency coordination
Section 10 non-Federal agency coordination
Section 7 regulations are in 50 C.F.R. 402
Includes provisions for emergency consultations
In 2001, Memorandum of Agreement signed for
emergency coordination on spills sites and for
contingency planning
http://www.epa.gov/Region7/cleanup/superfund/pdf/ricpannex_5.pdf
Endangered Species Act (ESA)
Section 7 Process for the response not for the oiling
– Analysis to determine whether the response activities
will cause take of federally listed species
– Develop measures to avoid take during the response
– If take will still occur, develop measures to minimize the
number of organisms affected
– After the emergency response, action agency completes
a biological assessment with estimate of numbers
– USFWS will then reply with a biological opinion that
includes an incidental take statement which documents
the performance of the measures used to minimize take
– Lessons learned and incorporate avoidance measures
into Regional, Area, and SubArea contingency plans
Endangered Species Act (ESA)
• federally listed Critical Habitat:
– Like for species, pieces of the landscape are afforded
legal protection
– Primary constituent elements (PCE) are described
– Analysis to determine whether the PCEs are
adversely modified
– Incorporate into the Section 7 process if adverse
modification is likely to occur
Endangered Species Act (ESA)
• Section 10 non-Federal agency process
– Analysis to determine whether the response
activities will cause take
– Develop measures to avoid take during the action
– If take will still occur, develop measures to minimize
the number of organisms affected
– Complete a Habitat Conservation Plan, NEPA, and
then a permit is issued
– No provisions for emergency consultation
– Federal agency discretion over State or RP led
responses
Triggers for Concern
• Extirpation from part of the species range
• Large numbers of organisms loss by a single action
• Other large scale naturally occurring problems or human
activities that affect the whole species population
• Use of terms “Jeopardy” or Extinction
Primer on Populations
• Federally listed endangered species are on the
edge of extinction, reduction in scale and
fragmentation of species range
• Some species hyper-vulnerable to spills or other
perturbations because they exist in only one or
several places and their numbers are now
extremely low
• Once too the population size is too low
(functionally extinct), there is the option to bring
in for captive breeding at zoos and aquariums
Genetics:
Interbreeding
Drift
Hine’s emerald
dragonfly
Indiana bat
Disease:
White nose syndrome
Primer on Species Biology
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Species range, use county distribution
Suitable habitat present, occupied or not
Pathway from the action to the organisms
Is the magnitude of the stress along the pathway
sufficient to rise above the thresholds of harm or
harassment
• Life history traits help mitigate the stressor
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Breeding season: finding nests, mates
Reproduction: when, where, how many
Winter season: migration, hibernation
Foraging habits
Habitat use
Indiana Bat Summer Habitat
Maternity colonies
may be under loose bark or in snag cavities
up to end of August
Lockport Spill Site
Hine’s emerald dragonfly
Minimize summer use by adults
foraging over oiled habitats
Protect
downstream
resources by
preventing flow
into species habitats
(and the river)
white: pumped none found
Green: pumped found
blue: not pumped yet
Quick Summary of Responsibilities
USEPA
USFWS
Notify Trustees of spill incident including
USFWS & NOAA for listed species.
Respond or otherwise make staff available to
spill incident.
Answer question whether listed species or
critical habitat affected by response ops.
Answer question whether listed species or
critical habitat affected by response ops.
Inform response of measures to minimize take.
Develop measures to minimize take.
FOSC signs initiation package & requests
consultation
Biologist replies with consultation document
and incidental take statement
Lessons learned used to revise response plans.
Lessons learned used to revise response plans.
http://www.fws.gov/contaminants/FWS_OSCP_05/fwscontingencyappendices/
O-EndangeredSpecies/MOATrainingManualVersion02.pdf
Natural Resource Damages
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42 U.S.C. 9601 et seq. for CERCLA
33 U.S.C. 2791 et seq. for OPA
33 U.S.C. 1251 et seq. for CWA
authorizes recovery of damages for injuries
• 43 C.F.R. 11 for CERCLA
• 15 C.F.R. 990 for OPA
• describes the assessment and restoration
processes
Natural Resource Damages - Goals
• Goal: Make the public whole
• Objective #1: Rehabilitation the natural resources
affected by exposure to the oil or hazardous
substance and from impacts related to the response
or remediation back to the condition that existed
prior to the incident = primary restoration
• Objective #2: Replace the interim or permanent loss
of human uses and ecological services =
compensatory restoration
• Objective #3: Recover past assessment costs and
future administrative costs
The Natural Resource Damage Assessment (NRDA) is directed by the Natural
Resource Trustees not by the FOSC, but there is the need to coordinate safety
and access. The Trustees have the option to collect field data for ephemeral
conditions in advance of an assessment plan. The response data collection
plans may provide the needed data and information on the ephemeral
conditions and the vice versa may occur.
Natural Resource Damages - Terms
• Trustees: Federal agencies, States, Tribes
• Baseline: Pre-incident condition
• Natural resources: Water (sediment), Geologic (soil),
Biologic
• Injury: health affects, mortality
• Damages: value of injury, or cost to restore
• Restoration: rehabilitation, replacement, habitat
enhancement, population augmentation
• Human use of natural resources
• Ecological services flow from the natural resources
• Valuation: willingness to pay, monetary value
• In kind: similar natural resource
Graphical Representation
Baseline
Event
Time
Graphical Representation
Baseline
Natural Recovery
Event
Time
Graphical Representation
Baseline
Primary Restoration
Event
Time
Graphical Representation
Compensatory
Restoration
Baseline
Lost Ecological Services
and Human Uses
Event
Time
Graphical Representation
Compensatory
Restoration
Baseline
Lost
Services
Primary
Restoration
Natural Recovery
Event
Time
Natural Resource Damage Assessment
• PreAssessment Screen
• Assessment
– Injury determination
– Injury quantification (Habitat Equivalency Analysis-HEA)
– Damage quantification
• Report of Assessment or
• Damage Assessment and Restoration Plan
Habitat Equivalency Analysis
(HEA)
http://www.nova.edu/ocean/visual_hea/
Natural Resource Damage Settlement
• Cooperative assessments and/or negotiations using
results of damage assessments or evaluations
• Interesting use of Admin Order for Lockport spill
• Consent decree for natural resource damages
In kind action by the Responsible Party
Cash equivalent for action by the Trustees
• Department of the Interior Revolving Fund
• Prepare a Restoration Plan and NEPA
• Implement the Plan
• Monitor performance of restoration actions
• Certify as complete
Not actual site photos
Examples of proposed activities
Mt. Erie, IL
Restoration
Guttenberg, IA
Restoration
Not actual site photos
Examples of proposed activities
Lockport, IL
Restoration Challenges
& Discussions
Questions
Thank you for your participation in the discussions
Jim Mitchell
Health Physicist/On-Scene Coordinator
USEPA Region 5
Emergency Response Branch
77 W. Jackson Blvd
Chicago IL 60604
Office (312) 353-9537
Mike Coffey
Contaminants Biologist
USFWS Region 3
Greater Illinois and Iowa Ecological
Services Field Office
1511 47th Avenue
Moline, IL 61265
Office (309) 757-5800 x206