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Title

Concise Explanatory Statement, Oil Spill Natural Resource Damage Assessment (Historical)

 
Publication number Date Published
12-08-016December 2012
VIEW NOW This publication is historical. It is unavailable on our website. To request a copy, please use the contact listed below.
Author(s) Rebecca Post
Description The amended rule incorporates three important changes.

First, the new rule changes the multipliers in the compensation formulas to allow the compensation values to reach $3 to $300 dollars per gallon, for any oil spill of 1,000 gallons or more. This change was specifically required by House Bill 1186 as passed during the 2011 legislative session.

Second, the final rule conforms to the new law providing credit for any persistent oil that is recovered from the water within 48 hours. The existing rule language on recovery credit is deleted. This update moves key elements of an existing 1996 guidance document on oil recovery credit into rule. As a result spillers are provided an incentive to act quickly to contain spills and remove the oil from state waters. The current practice of providing 24 hours for non-persistent oil spills remains in place but is now codified in rule.

Third, this update changes the name of the rule to more clearly reflect the common term of art, “natural resource damage assessment," rather than the previous title of “Preassessment Screening and Oil Spill Compensation Schedule.”
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Keywords natural resources, assessment, oil spill, concise explanatory statement
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