Interior Simplifies Hazardous Waste Damage Claim Rules
Published Date: 7/13/2026
Rule
Summary
The Department of the Interior is updating rules for handling natural resource damage claims caused by hazardous substances. These changes simplify procedures, fix confusing language, and remove outdated parts to make the process clearer and smoother. The new rules take effect on August 12, 2026, and there’s a chance to comment on info collection until then.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Type A Damage Limit Raised to $5M
The rule raises the cap for simplified (Type A) natural resource damage claims to $5,000,000 (excluding reasonable assessment costs). The $5 million limit will be periodically adjusted for inflation following OMB guidance, and parties may still agree to use Type A even if a claim is expected to be higher than $5 million.
Estimated Large Cost Savings From Switching
Interior estimates switching a Type B assessment to Type A would save the federal government about $1.6 million per case. The rule also estimates up to $1.9 million in annual cost savings per Type A assessment and about $17.4 million per year for nine Type A assessments, and reports $16.3 million in annualized cost savings (7% discount) over a perpetual horizon.
New Type A Report Information Collection
The rule adds or clarifies information collection requirements for the Type A Report (OMB Control Number 1091-0002). The Type A Report must be made public with at least a 30-day comment period and include specific items such as models, data inputs, assumptions, and an administrative record. The rule identifies estimated annual respondents (10), total annual responses (155), and total annual burden hours (513,926). Comments on the information collection should be submitted to OMB by August 12, 2026.
Type A Usable in All Environments
Type A simplified procedures can now be used to assess damages for natural resources in any environment, not just coastal, marine, or Great Lakes settings. This change lets trustees and responsible parties apply the simpler methods to injuries for resources defined in 43 CFR part 11 wherever they occur, effective August 12, 2026.
Tolling Agreement Requirement Remains
To use Type A procedures at least one potentially responsible party must voluntarily agree to use Type A and sign a tolling agreement for at least one year. The final rule keeps this tolling requirement to address potential statute of limitations issues.
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