Current through Reg. 49, No. 38; September 20, 2024
(a) General. The
state trustees shall conduct natural resource damage assessments by:
(1) providing opportunity for public review
and comment on assessment plans, restoration plans, and settlement
agreements;
(2) developing and
utilizing contingency planning to enhance coordination among state trustees,
emergency response agencies, and responsible persons to ensure a consistent and
comprehensive response to unauthorized discharges of oil;
(3) coordinating and exchanging scientific,
technical, economic and legal expertise among the state trustees and federal
trustees;
(4) integrating all
scientific, technical, economic and legal issues;
(5) executing, when necessary, contracts to
procure the services of appropriate experts;
(6) providing the opportunity for early
participation in the assessment process by the responsible persons;
and
(7) informing the Texas
attorney general, when appropriate, of state trustee actions during the
assessment process.
(b)
Coordination with federal trustees. The state trustees shall coordinate with
the federal trustees in all phases of the damage assessment and restoration
process. The state trustees may utilize the Area Contingency Plans and the
National Contingency Plan.
(c) Lead
administrative trustee. The state trustees will designate a lead administrative
trustee for each assessment. Additional duties may be assigned to the lead
administrative trustee by agreement of all state trustees, but the lead
administrative trustee shall:
(1) coordinate
the natural resources damage assessment and organize communication among the
state trustees and federal trustees and with the responsible person regarding
the assessment. The lead administrative trustee shall perform all
administrative tasks required to disseminate information to all participants in
the assessment and to ensure that the assessment is completed within the time
periods, including any extensions granted, provided by the Oil Spill Prevention
and Response Act (OSPRA), Texas Natural Resources Code, Chapter 40;
(2) prepare and maintain the assessment
record as required by §
20.40 of this
title (relating to Assessment Record); and
(3) ensure that disagreements among state
trustees are expeditiously resolved pursuant to the Memorandum of Agreement
executed by the state trustees required by OSPRA, §40.107(a)(4).
(d) If a state trustee takes
action as a result of a discharge of oil prior to the designation of a lead
administrative trustee, that state trustee shall document those actions and
transmit that documentation to the lead administrative trustee.
