Environmental Planning Services and Documentation
Under this SIN, DPRA proposes seven service offerings:
Multidisciplinary Environmental Advising
Case Management and Decision Support
Alternative Dispute Resolution
Economic Analysis and Related Support
State Program Implementation Assistance
Natural Resource Damages Services
National Environmental Protection Act Support.
The following is a brief description of each service and an explanation of how it supports the Environmental Service needs of government agencies.
Multidisciplinary Environmental Advising
Government agencies often must deal with environmental cleanup and environmental compliance issues. DPRA's multi-disciplinary environmental advising team applies the expertise of attorneys, engineers, scientists, and economists to help solve complex environmental issues and reach effective solutions.
For example, during the design of standard environmental cleanup strategies, DPRA reviewed Applicable or Relevant and Appropriate Requirements (ARAR), including laws and regulations, to help federal facilities determine whether their projects qualified for ARAR waivers and how those ARARs might otherwise affect cleanups.
DPRA has also conducted analyses of use of institutional controls in the cleanup plan at a federal facility. Through in-depth looks at state property laws, regulations, guidance documents, and court opinions, our teams have designed institutional control approaches that were both appropriate for the facility and enforceable under state law.
Finally, DPRA's multi-disciplinary environmental team has also analyzed laws and regulations that affect hazardous waste management at federal facilities, including the management and recycling of radioactive and non-radioactive scrap metal.
Case Management and Decision Support
Environmental litigation, environmental rule making, and environmental decisions under the Administrative Procedures Act (APA) often involve processing enormous volumes of information that must be stored in a cost-effective and accessible manner so that government agencies can fulfill their administrative, regulatory and legal responsibilities.
DPRA's case management and support services provide government agencies with information management professionals and technologies to help them manage and store data. DPRA built and maintains an enterprise-wide electronic record management system containing over ten million records for the Army's Rocky Mountain Arsenal. DPRA initially provided support for maintaining paper files for the site's administrative record (AR) and was instrumental in converting the AR to electronic form to meet public viewing requirements under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act).
DPRA's project team also converts laboratory data packages and site remediation records to electronic form for public access. Similar services are provided for the Remediation Venture Office and the Rocky Mountain Arsenal Technical Information Center.
Alternative Dispute Resolution
The Administrative Dispute Resolution Act requires each federal agency to adopt a policy on the use of Alternative Dispute Resolution (ADR) in adjudications, rulemakings, enforcement actions, and other agency proceedings. DPRA provides extensive support to the Environmental Protection Agency's (EPA's) enforcement ADR program.
DPRA designed and supports an Internet-based ADR case tracking system into which EPA regional ADR specialists enter data on the use of ADR processes such as convening, mediation, and facilitation. Data from the case tracking database are used to create both ad hoc presentations and a biennial report on the progress of EPA's enforcement ADR program.
DPRA also created an web site designed to inform the regulated community and the public about the availability and effectiveness of ADR tools in resolving environmental disputes. The web site houses information about EPA's enforcement ADR program; ADR-related statutes, policy statements, and reports; and links to other ADR sites.
DPRA also researches and writes short case studies to provide examples of the effective use of ADR and to facilitate the redevelopment of Brownfields sites. These case studies will be made available both at meetings and conferences and on the EPA enforcement ADR web site.
Economic Analysis and Related Support
Under Executive Order 12866, Regulatory Planning and Review, federal agencies are required to prepare economic analyses of significant regulatory actions to ensure that decision-makers are informed of the consequences of alternative actions. DPRA has provided economic analysis support to its federal clients for over 25 years. DPRA received one of the first economic impact analysis contracts awarded by EPA and developed one of the first economic impact methodologies used by the agency. The basics of this approach, which include an industry profile and economic modeling of various sizes and types of facilities with a discounted cash-flow analysis, are still used by EPA today.
More recently we helped develop guidelines for conducting regulatory impact analysis. This procedure examines several regulatory alternatives and combines economic impact assessment with a benefits impact assessment. Since 1971, DPRA has completed over 600 economic impact analyses, regulatory impact analyses, financial analyses, and benefit analyses of the policies, programs and regulatory actions of agencies including the U.S. Department of Agriculture, Environmental Protection Agency, Department of Energy, Department of the Interior, Department of Defense, and Department of Commerce.
DPRA has supported federal actions under the Coastal Zone Management Act (CZMA), Toxic Substances Control Act (TSCA), Clean Air Act, Marine Estuary and Sanctuary Act, Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
State Program Implementation Assistance
EPA provides states with technical assistance and grant monies to enable them to qualify for delegation of federal authority under the major environmental programs. DPRA has helped EPA evaluate state environmental programs under both RCRA and the Safe Drinking Water Act.
We have conducted reviews of more than 50 regulatory packages submitted to EPA by state governments from New York to Hawaii. We provide guidance to states on revising their programs to meet RCRA authorization standards and help with development of authorization packages. DPRA's team of regulatory specialists helped develop hazardous waste regulations for the District of Columbia and Pennsylvania and is currently developing regulations for the Gila River Indian Community.
DPRA provides authorization guidance for each final rule affecting the RCRA program. DPRA also provides codification support to all ten EPA regions and has helped codify regulations and statues for Texas, Louisiana, New Mexico, Oklahoma, and Idaho. We have also helped the EPA regions integrate authorization and enforcement using the information developed as part of the codification process.
Natural Resource Damages Services
The federal government has the authority to assess natural resource damages caused by the release of pollutants or contaminants in the environment and to file a claim in federal district court to recover these damages from the parties responsible for the contamination. DPRA's team of experts can help value these damages. In the context of environmental claims evaluation, we have estimated future costs and the associated natural resource damage (NRD) claim at three of EPA's National Priorities List (NPL) sites--Hudson River, Fox River and Commencement Bay.
Based on site-specific information regarding the nature and extent of contamination at each site and potential remedial alternatives, DPRA developed cost estimates for both the potential response action and NRD restoration and compensable damages using decision analysis. This probabilistic cost estimating technique accounts for uncertainty of future unknown events.
The same technique was applied to estimate the potential cost of the associated NRD claims. Each NRD cost evaluation was based on restoring natural resources to their baseline level. DPRA included costs for those activities generally recognized in NRD claims as recoverable, such as restoration, compensable damages, and trustee assessment costs. The cost evaluations also considered the possibility of litigation and settlement of the NRD claim within different time frames.
As part of the restoration cost claims, DPRA assumed that the trustees may proceed with additional remedial activities of the affected resource, purchase nearby land to replace natural habitat, or combine these two alternatives. Under the additional remedy alternative, affected media were estimated based on the residual contamination likely to remain following the Superfund remedy. Decision analysis was then used to calculate the expected value for the NRD claims based on the costs for restoration, compensable damages, trustee expenses, and litigation and settlement.
National Environmental Protection Act (NEPA) Support
The National Environmental Protection Act of 1969 (NEPA) established a nationwide policy of promoting environmental consideration in federal decision-making. DPRA has conducted numerous environmental assessments throughout North America. Our clients have included multinational corporations, federal agencies, municipalities, crown corporations, and law firms.
Our staff members have both prepared and coordinated environmental assessments as well as served on teams to peer-review assessments and impact statements prepared by third parties. Our professionals have extensive experience in managing and participating in the multidisciplinary teams often needed to prepare these assessments and impact statements. DPRA has experience conducting such studies both in the United States and Canada.