[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR990.20]



[Page 382]

 

                  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.