---
kind: "section"
citation: "15 C.F.R. § 990.20"
title: "15"
number: "990.20"
heading: "Relationship to the CERCLA natural resource damage assessment regulations."
url: "https://uscodex.org/cfr/15/990.20"
---

# §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](/usc/42/9601.md) et seq., and the Federal Water Pollution Control Act (Clean Water Act), [33 U.S.C. 1321](/usc/33/1321.md) et seq., are codified at [43 CFR part 11](/cfr/43/part11.md). 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](/cfr/43/part11.md) 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](/cfr/43/part11.md) prior to February 5, 1996 they may complete the assessment in compliance with [43 CFR part 11](/cfr/43/part11.md), 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](/cfr/43/part11.md) in order to obtain a rebuttable presumption.

## Notes

### Authority

Authority: 33 U.S.C. 2701 et seq.

### Source

Source: 61 FR 500, Jan. 5, 1996, unless otherwise noted.