[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.26]

[Page 387-388]
 
                  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. 990.26  Emergency restoration.

    (a) Trustees may take emergency restoration action before completing 
the process established under this part, provided that:
    (1) The action is needed to avoid irreversible loss of natural 
resources, or to prevent or reduce any continuing danger to natural 
resources or similar need for emergency action;
    (2) The action will not be undertaken by the lead response agency;
    (3) The action is feasible and likely to succeed;
    (4) Delay of the action to complete the restoration planning process 
established in this part likely would result in increased natural 
resource damages; and
    (5) The costs of the action are not unreasonable.
    (b) If response actions are still underway, trustees must coordinate 
with the On-Scene Coordinator (OSC), consistent with the NCP, to ensure 
that emergency restoration actions will not interfere with or duplicate 
ongoing response actions. Emergency restoration may not address residual 
oil unless:
    (1) The OSC's response is complete; or
    (2) The OSC has determined that the residual oil identified by the 
trustee as part of a proposed emergency restoration action does not 
merit further response.
    (c) Trustees must provide notice to identified responsible parties 
of any emergency restoration actions and, to the extent time permits, 
invite their participation in the conduct of those actions as provided 
in Sec. 990.14(c) of this part.
    (d) Trustees must provide notice to the public, to the extent 
practicable, of these planned emergency restoration actions. Trustees 
must also provide public notice of the justification for, nature and 
extent of, and results of emergency restoration actions within a 
reasonable time frame after completion of such actions. The means by

[[Page 388]]

which this notice is provided is left to the discretion of the trustee.

[61 FR 500, Jan. 5, 1996, as amended at 67 FR 61492, Oct. 1, 2002]