[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: 15CFR990.26]



[Page 384-385]

 

                  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 385]]



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]