Ecological assessment at environmental restoration sites: DOE's dual role as CERCLA lead agency and a natural resource trustee

Fifty years of research, development, and production in support of national defense have left the Department of Energy (DOE) with numerous radioactive, hazardous, and mixed waste sites which will require remediation and restoration. At inactive Environmental Restoration (ER) sites, DOE can respond to a release or threat of release of hazardous substances, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, and the National Oil and Hazardous Substance Pollution Contingency Plan (NCP). Until recently, the major emphasis of cleanups under CERLCA site investigations will consider the risks to environmental receptors, and that CERCLA remedies will 'hor-ellipsis be protective of environmental organisms and ecosystems hor-ellipsis.' Significantly, DOE has a dual role at ER sites because the Department is also a Natural Resource Trustee. This means that DOE is responsible for ensuring the restoration or replacement of natural resources located on, over or under land managed by the Department. This paper will provide an overview of a suggested approach to addressing the ecological impact assessment requirements of both CERCLA and the NCP at DOE's ER sites. It will also summarize the responsibilities and requirements for DOE as primary Federal Natural Resource Trustee, and discuss, in general terms the type of evaluation which DOE must conduct pursuant to these regulations