[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.20]

[Page 379]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 990--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                         Subpart B--Authorities
 
Sec. 990.20  Relationship to the CERCLA natural resource damage assessment regulations.


    (a) General. Regulations for assessing natural resource damages 
resulting from hazardous substance releases under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (CERCLA), 42 U.S.C. 9601 et seq., and the Federal Water 
Pollution Control Act (Clean Water Act), 33 U.S.C. 1321 et seq., are 
codified at 43 CFR part 11. The CERCLA regulations originally applied to 
natural resource damages resulting from oil discharges as well as 
hazardous substance releases. This part supersedes 43 CFR part 11 with 
regard to oil discharges covered by OPA.
    (b) Assessments commenced before February 5, 1996. If trustees 
commenced a natural resource damage assessment for an oil discharge 
under 43 CFR part 11 prior to February 5, 1996 they may complete the 
assessment in compliance with 43 CFR part 11, or they may elect to use 
this part, and obtain a rebuttable presumption.
    (c) Oil and hazardous substance mixtures. For natural resource 
damages resulting from a discharge or release of a mixture of oil and 
hazardous substances, trustees must use 43 CFR part 11 in order to 
obtain a rebuttable presumption.