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RCED-84-196 1 (1984-09-04)

handle is hein.gao/gaobabnmq0001 and id is 1 raw text is: RELEA. r5ED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20648 RESOURCES. COMMUNITY, AND ECONOMIC DEVELOPMENT DIVISION B-216105 September 4, 1984 The Honorable Max Baucus Ranking Minority Member Subcommittee on Toxic and Environmental Oversight Committee on Environment and Public Works United States Senate 1Z5314 Dear Senator Baucus: Subject: Natural Resource Damage Claims and Assessment Regulations Under Superfund (GAO/RCED-84-196) On December 9, 1983, you requested that we review the imple- mentation of the natural resource damage claims provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (commonly referred to as Superfund). Under the act, federal and state trustees of natural resources (e.g., land, fish, wildlife, air, water, groundwater, and drinking water supplies) may submit claims against Superfund for reimbursement for injury to, or destruction or loss of, natural resources caused by releases of hazardous substances. You were concerned that the Environmental Protection Agency's (EPA's) and the Department of the Interior's delays in implementing the natural resource damage claims and assessment provisions of Superfund had caused confusion and uncertainty among potential claimants, and as a result, some claimants would not meet the specified statutory time period for presenting some claims. On June 15 and July 25, 1984, we briefed your office on the results of our work. Also, on July 25, the Senate passed H.R. 2867, entitled Solid Waste Disposal Act Amendments of 1984. Section 33(b) of this bill, added by an amendment cosponsored by Senators Bradley, Lautenberg, Abdnor, and yourself, amends Super- fund and extends the deadline for filing natural resource damage claims by federal and state trustees to 3 years from the date the Department of the Interior publishes final damage assessment regulations. Because of the Senate action, we agreed, at the request of your office, to provide the information obtained to date on the results of our work. This report discusses applicable provisions and responsibilities under Superfund legislation, EPA's and Interior's delays in promulgating regulations, states' views on EPA's action to invalidate states' natural resource damage A n,, - (089272)

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