NOAA 95-052



Contact:  Matt Stout                          For Immediate Release
          (202)482-6090                       8/2/95

NOAA PUBLISHES PROPOSED RULE UNDER THE OIL POLLUTION ACT OF 1990

The National Oceanic and Atmospheric Administration has proposed a new rule under the Oil Pollution Act of 1990 that will enable quick restoration of natural resources damaged by an oil spill, the Commerce Department agency announced.

"This approach is restoration based," said NOAA Deputy Administrator Doug Hall. "The ultimate goal of the Oil Pollution Act is to quickly and efficiently restore the natural resources and services. This new rule squarely focusses on that goal."

The Oil Pollution Act is designed to compensate the public for injury or loss of natural resources and services resulting from an oil spill.

When an oil spill occurs, representatives from federal, state, Indian tribal or foreign governments must assess injury to natural resources or services caused by the spill and take appropriate actions to restore, rehabilitate, replace or acquire the equivalent of injured natural resources.

The proposed new rule, which will change the way environmental liability is determined following an oil spill, focuses on the following processes to quickly achieve restoration of damaged resources:

 

     o identification and evaluation of injuries to natural
     resources and services; 

     o identification and evaluation of restoration alternatives;
     
     o public involvement in restoration efforts.

"The purpose of the natural resource damage assessment process is to determine necessary restoration, not total up economic damages," added Terry Garcia, NOAA's general counsel.

Based on comments received in response to the proposed rule published in January of 1994 (59 FR 1062), the new proposed rule places greater emphasis on restoration of injured or lost natural resources and services.

This new proposal, to be published in tomorrow's Federal Register, allows interested parties 60 days to review and submit comments on the proposed rule.

NOAA must submit a final rule to the Federal Register by December 31, 1995. Written comments concerning the proposed rule should be received no later than 60 days from publication. For more information or to obtain a copy of the proposed rule, please contact Linda Burlington at (301) 713-1217 or Eli Reinharz (301) 713-3038, ext. 193.