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ARTICLE · 10 JANUARY 2024

Interior Issues New NRDAR Type A Rule For Comment

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On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions...

United StatesEnvironment
Brian Ferrasci-O'Malley
Brian Ferrasci-O'Malley
Reed W. Neuman
Reed W. Neuman
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On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR) regulations in more than 15 years. The new regulations significantly overhaul the "Type A Rule" that Interior uses to perform damage assessments and evaluate the need for restoration activities following the release of hazardous substances that injure natural resources. More information on the history of the Type A Rule can be found here.

Interior is proposing to greatly expand the number of cases that can be resolved through its planned, more streamlined and simplified Type A Rule. The current Type A Rule is limited to NRDAR claims of $100,000 or less involving hazardous substance releases to either the Great Lakes or to other specific coastal and marine environments. Interior intends to "re-formulate" the Type A Rule to create a broader

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