§11.36. May the trustee use both a Type A and Type B procedure for the same release?

The natural resource trustee may use both a Type A procedure and Type B procedure for the same release if:

The Type A procedure may be used to address any claim brought by a natural resource trustee.

If a trustee elects to use both a Type A procedure and a Type B procedure, the Assessment Plan must explain how the double recovery will be prevented.

When the trustee uses a Type B procedure for injuries not addressed in a Type A procedure, they must follow all of subpart E of this part (which contains standards for determining and quantifying injury as well as determining damages), § 11.31(c) (which addresses content of the Assessment Plan), and § 11.37 (which addresses confirmation of exposure). When the trustee uses a Type B procedure for compensable values that are not included in a Type A procedure but that result from injuries that are addressed in the Type A procedure, they need not follow all of subpart E and §§ 11.31(c) and 11.37. Instead, the trustee may rely on the injury predictions of the Type A procedure and simply use the valuation methodologies authorized by § 11.83(c) to calculate compensable value. When using valuation methodologies, the trustee must comply with § 11.84.