Often the question arises "Do I need an ecological risk assessment (ERA) at my site?" The answer to this question is always yes, although the scope and magnitude of the ERA may vary widely. There are a number of legal drivers that require the Navy to evaluate the effects of contaminant spills or releases on ecological resources at its Installation Restoration (IR) Program and Base Realignment and Closure (BRAC) sites. These drivers include the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund); Superfund Amendments and Reauthorization Act of 1986 (SARA); and Resource Conservation and Recovery Act (RCRA). It is these regulations that serve as the underlying basis for the Navy Policy (see Navy Policy on this web site) for conducting ERAs. Implementing regulations and guidance associated with these acts identify specific processes, procedures, and evaluations that must be followed or implemented for regulatory compliance, and these identify the need to evaluate impacts and/or risks to ecological resources. Furthermore, implementation of the BRAC requires compliance with CERCLA, which includes the need for conducting ERAs.
The Navy also has an important role as a Natural Resource Trustee (Trustee) for the natural resources that occur on its sites. As a Trustee, the Navy is responsible for managing its natural resource holdings and for restoring any resources injured by contaminant releases from Navy operations or sites. Furthermore, other Trustees may hold the Navy legally responsible, through the natural resource damage assessment (NRDA) process, for restoring any injured resources resulting from releases from Navy sites or operations. ERAs may play an important role in evaluating injuries to ecological resources from contaminant spills or releases, and in restoring any resources that may have been injured.