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Remedial/Injury Assessment
Case: Commencement Bay, WA

Remedial Assessment

EPA listed the Commencement Bay-Nearshore/Tideflats (CB/NT) Superfund site in 1983 due to widespread contamination of the water, sediments, and upland areas. The site encompasses an active commercial seaport and includes 12 square miles of shallow water, shoreline, and adjacent land, most of which is highly developed and industrialized. Shipbuilding, oil refining, chemical manufacturing and storage, and other industrial activities have caused hazardous waste contamination of the land and sediments in the Commencement Bay area. Contaminants include PCBs, PAHs, semi-volatile and volatile organic compounds, dioxins, wood waste, and metals such as zinc, cadmium, copper, lead, mercury, and arsenic.

The site is divided into a number of separate project areas managed as distinct sites:

NOAA has worked closely with EPA throughout the remedial process to ensure that selected remedies are protective of NOAA trust resources. In the initial stages of the remedial process, NOAA identified receptors at risk and informed sample plan design to collect data and subsequent data analysis. Once data were collected and pathways to receptors were identified, NOAA provided technical expertise with respect to ecological risk assessment, particularly for benthic invertebrates, fish, and marine mammals. If a site did demonstrate risk to trust resources, NOAA made recommendations on the remedial design. A significant portion of the cleanups has been completed. NOAA is also participating with EPA to design bay-wide monitoring of the cleanup success. NOAA will continue to review monitoring results and provide input if there are indications of recontamination.

Injury Assessment

In October 1991, the Trustees formally initiated the damage assessment and restoration planning process. Since that time, the Trustees have been compiling existing data, conducting studies of injuries to natural resources resulting from exposure to hazardous substances, entering into settlement agreements with willing parties, and planning and carrying out projects to restore injured resources and habitats.

Injury assessment in Commencement Bay has been ongoing since the 1990s. The assessment is being performed in three overlapping phases and a preassessment screen was conducted. Restoration planning is proceeding on a parallel track.

Preassessment Screen. The Trustees determined that a series of hazardous substances had been released into the Commencement Bay environment, that public trust natural resources had likely been injured by the releases, that data sufficient to pursue a natural resource damage assessment were available or could likely be obtained at a reasonable cost, and that, without further action, the planned and already-implemented response actions would not adequately remedy the resource injuries.

Phase 1 was designed to identify and assess existing information concerning injuries to Commencement Bay resources, provide preliminary guidance for restoration planning, and provide initial information for determining monetary damages. The report examined information in the following areas: substances of concern, natural resources, biological pathways, and potential injuries.

Phase 2. Injury Assessment and Quantification. Based on an analysis of the results from Phase 1, the Trustees proceeded with independent injury studies covering four subjects: marine sediments, benthic invertebrates, fish and birds. Except for the outer-bay sediment survey, the Phase 2 injury studies focused on the heavily-contaminated Hylebos Waterway. The Trustees are using the results of the injury studies in conjunction with data from remedial design investigations, conducted under EPA oversight, in assessing injuries to the Hylebos and other Waterways.

Phase 3. Valuation and Potentially Responsible Party Identification. The Trustees have suspended further injury studies while settlement negotiations are underway. If the Trustees are unable to reach settlements with all responsible parties and determine they need to complete the assessment process, Phase 3 will involve damages calculation and completing responsible party investigations, and taking further action as appropriate.


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