| Literature DB >> 23097077 |
Jason R Rohr1, Philip Johnson, Christopher W Hickey, Roger C Helm, Alyce Fritz, Sandra Brasfield.
Abstract
Various international and national regulations hold polluters liable for the cleanup of released hazardous substances and the restoration/rehabilitation of natural resources to preincident baseline conditions, a process often referred to as natural resource damage assessment and restoration (NRDAR). Here, we, the authors, describe how global climate change (GCC) will challenge each of the steps of NRDAR processes and offer eight recommendations to improve these processes in light of GCC. First, we call for a better understanding of the net effects of GCC and contaminants on natural resources. Second, we urge facilities and environmental managers to plan for GCC-related factors that are expected to increase the probability of contaminant releases. Third, we suggest re-evaluating definitions of baseline and reference conditions given that GCC will alter both their trajectories and variability. Fourth, we encourage long-term monitoring to improve the quantification of baseline conditions that will change as climate changes. This will enhance the accuracy of injury assessments, the effectiveness of restoration, and the detection of early warning signs that ecosystems are approaching tipping points. Fifth, in response to or anticipation of GCC, restoration projects may need to be conducted in areas distant from the site of injury or focused on functionally equivalent natural resources; thus, community involvement in NRDAR processes will be increasingly important. Sixth, we promote using NRDAR restoration projects as opportunities to mitigate GCC-related impacts. Seventh, we recommend adaptive management approaches to NRDAR processes and communication of successes and failures widely. Finally, we recommend focusing on managing the stressors that might be exacerbated by GCC, such as pollution and habitat loss, because there is a long history of successfully mitigating these stressors, which can be more easily managed on local scales than climate change. We believe that adoption of these recommendations will lead to a more efficacious NRDAR process, despite the challenges posed by climate change.Entities:
Mesh:
Year: 2013 PMID: 23097077 PMCID: PMC3601426 DOI: 10.1002/etc.2036
Source DB: PubMed Journal: Environ Toxicol Chem ISSN: 0730-7268 Impact factor: 3.742
Examples of international and national legislation relating to the management of hazardous substances on natural resources
| Jurisdiction | Convention/legislation name (abbreviation) | Description | Application | Method of assessment | Reference |
|---|---|---|---|---|---|
| International | International Convention for the Prevention of Pollution from Ships | International conventions designed to minimize pollution of the seas, including dumping, oil, and exhaust pollution | Managing marine pollution from ships | Specified lists of chemicals with effects thresholds | |
| International | United Nations Environment Programme Liability Guidelines | Minimum guidelines on which national legislation or policies could be based and which would require tailoring to specific national circumstances | Response action and compensation for damage caused by activities dangerous to the environment, taking into account the “polluter pays” principle | Voluntary, meant to serve as a starting point from which national policies could be drafted | |
| United States | Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, and Oil Pollution Act (OPA) | Statutory basis for cleaning up hazardous waste sites and oil spills and conducting natural resource–damage assessments | Anywhere hazardous waste or oil is illegally released; establishes liability for injury to, destruction of, loss of, or loss of use of natural resources | Blends science-based assessment with legal and economics-based claims for response, remediation, and restoration/rehabilitation | |
| United States | National Oil and Hazardous Substances Contingency Plan, OPA | Legislation covering contaminated “Superfund” sites and natural resource–damage assessment restoration activities | Guides all response and remedial activities | Umbrella authority document for actions under CERCLA and OPA | |
| European Union | Directive on Liability to Prevent and Remedy Environmental Damage (European Liability Directive [ELD]) | The main objective of ELD is to prevent and remedy “environmental damage”; this is defined as damage to protected species and natural habitats (nature), damage to water, and damage to land (soil) | Parties who carry out certain dangerous activities are strictly liable (without fault) for environmental damage | Requires economic valuation of environmental damage and the different types of remediation and damage to protected species and natural habitats | |
| Australia | Environmental Protection and Biodiversity Conservation Act | Overarching Commonwealth Government Act; state governments also have legislation, e.g., New South Wales Protection of the Environment Administration Act | Derivation of guidelines for water-quality management; climate change factored into some natural resource management | Numeric guidelines for water and sediment quality, biological monitoring guidance | |
| New Zealand | Hazardous substances and New Organisms Act | Designation of specific hazardous substances and risk assessment related to their use | Setting of environmental limits on selected substances; | Product registration and environmental assessment processes | |
| Canada | Canadian Environmental Protection Act (CEPA) | CEPA's purpose is to regulate the behavior of entities in order to promote public safety, protect the environment, and contribute to sustainable development through pollution protection | CEPA also allows the federal and/or provincial governments to sue polluters for the cost of cleanups | Civil liability sections, which are rarely successful; Canada does tend to look to legal precedent rather than legislation |
Fig. 1Natural, assisted, and compensatory restoration. Natural restoration or recovery (thick solid line) returns the services of the natural resource to baseline conditions (thin solid line) without the assistance of humans. Human-assisted restoration (dotted line) typically returns the services of the natural resource to baseline conditions sooner than with natural recovery. Compensatory restoration (dashed line) requires the polluter to compensate the public for the time and magnitude of the lost services caused by oil or hazardous substance spill. This often entails improving the services offered by natural resources at ecosystems near the contaminated site.
Fig. 2General flowchart of natural resource damage-assessment and restoration/rehabilitation processes around the world. The first step is demonstrating that a hazardous substance was released and reached (pathway and exposure) a publicly owned natural resource (e.g., bird, fish, plant, and public lands). The second step is to establish exposure of natural resources to the hazardous substance. Third is to quantify the magnitude of negative effects on the natural resource (injury). Fourth, decision makers assess a damage claim on the polluter to restore the injured natural resource to baseline conditions. Finally, restoration or rehabilitation is performed. Gray arrows indicate the preferred paths for this process, which focus on beginning restoration actions as early as possible following an accurate understanding of the nature and magnitude of the injury caused by the hazardous substance.
Examples of anticipated changes to the distribution, likelihood, and magnitude of hazardous substance releases and spills associated with global climate change
| Nature of threat | Geographic region | Likelihood | Net impact | Potential magnitude of impact | Relation to global climate change | Comments | Reference(s) |
|---|---|---|---|---|---|---|---|
| Trans-Arctic shipping | Arctic | High | Increase | High—shallow water, sensitive species, significant spill response challenges | Seasonal reductions in Arctic ice cover open new shipping lanes | Northern sea route (NSR) 35–60% shorter than Suez or Panama Canal from northern Europe to Asia | |
| Decreased shipping outside Arctic | Temperate and tropic areas | High | Decrease | Low—relative to total global vessel traffic | Reduced sea ice opening Arctic sea to shipping | Expect increased Arctic shipping to reduce traffic on existing routes | |
| Oil and mineral exploration and development | Arctic coastal and offshore | High | Increase | High | Consequence of seasonal sea-ice reductions | Arctic rich in coal and mineral deposits; oil/gas shipments via NSR projected to be 40 MT/year by 2020 | |
| Oil and mineral exploration and development | Arctic inland | High | Decrease | Locally high | Shorter ice road season limits land-based development | Shorter ice road season may make production difficult or uneconomical | |
| Erosion | Arctic watercourses and coastal | Occurring | Increase | Locally high—Threatens existing fuel storage infrastructure, landfills, contaminated sites, drilling mud pits | From increased storm energy, coastal rain, tidal surge, and sea-level rise; reductions in permafrost (soil stability) | Average observed erosion rates at some locations equal or exceed 5 meters/year | |
| Permafrost melt | Arctic | Occurring | Increase | Locally high—Releases from waste-disposal sites, sewage lagoons, landfills; increased spill risk | Melting releases contaminants “contained” by ice; threat to cities, ports, and pipeline systems (especially Russia) | Northern pipelines and oil infrastructure may experience frost heave, thaw settlement; in discontinuous permafrost slope stability may be affected | |
| Increase in category 4 and 5 hurricane frequency; large-magnitude cyclones | Temperate and tropics | High | Increase | High—Hurricane Katrina: release of millions of gallons of oil; hundreds of hazardous materials releases reported | Warmer ocean resulting in longer storm life and/or greater intensity | Observed increase in proportion of category 4 and 5 hurricanes over 30-year period: modeling suggests warming may increase tropical cyclone destructiveness | |
| Increased intensity and frequency of heavy precipitation events | Tropics and high latitudes | High | Increase | Locally high—Flooding may threaten infrastructure | Sediment scour/deposition decreases reservoir life span, amplifying flood risks, possibly increasing risk of dam failure | Threatened infrastructure includes pipelines, oil and chemical storage sites, industrial facilities, wastewater-treatment plants, and hazardous waste sites | |
| Decreased precipitation amount and/or seasonality | Temperate and arid areas | High | Decrease | Locally moderate to high | Reduced flood risk in drought areas | Uncertainty: arid areas may, however, experience flash flooding | |
| Sea-level rise | Global: low-lying coastal areas | High | Increase | Locally moderate to high | While uncertainty exists, most sea-level modeling scenarios project increases | Sea-level rise may inundate coastal contaminated sites, increasing risk to aquatic resources | |
| Increased number and intensity of wildfires | Western United States, northern boreal forests, Australia | Occurring | Increase | Locally moderate | Wildfire incidence and/or intensity projected (or currently observed) to increase in some regions. | Fires could potentially threaten oil and gas infrastructure, contaminated sites, and/or hazardous waste-storage sites, increasing spill risk |
Fig. 3Baseline and primary restoration scenarios without (A) and with (B–H) global climate change. In each scenario, the hazardous substance release occurs at time zero at the impacted site (dotted line). The rectangle depicts the time at which release of the chemical is ceased and restoration begins (natural or facilitated). The star indicates the point of full recovery/restoration, where the impacted site returns to the baseline condition (mean baseline, thin solid black line; actual baseline, thick solid black line). Thin, dashed, horizontal lines represent the minimum postdamage service in the absence of climate change; thin, dashed, vertical line represents the restoration point in the absence of climate change. Climate change can delay recovery/restoration (star) by additively or synergistically interacting with hazardous substances such that the initial rate of decline of services is greater (B) or the rate of recovery is less (C) than in the absence of climate change. Climate change might also prevent services from ever returning to preinjury baseline conditions (D). Baseline services could also decrease (E) or increase (F) with climate change, which can accelerate or delay recovery/restoration, respectively. Additionally, there can be combinations of the aforementioned effects that can affect injury assessment and restoration planning, such as climate change–induced decreases in baseline services and rates of recovery/restoration (G) or climate change–induced decreases in baseline services and increases in baseline variability that can make it more challenging to assess injury and restoration (H). For simplicity, stochastic variability in the contaminated site is not shown until it returns to the baseline condition. This is not meant to be a comprehensive coverage of the potential primary restoration scenarios with and without climate change.