(a) An expedited damage assessment may be utilized when:
  (1) the following circumstances exist:
    (A) the discharge of oil has caused limited observable mortality; and
    (B) the extent of injury may be determined within 12 months following the completion of response actions; and
    (C) a restoration plan may be initiated within 12 months of the completion of response actions;
  (2) the quantity of oil discharged is less than 1,000 gallons; or
  (3) the state trustees, using their best professional judgment, determine that the expedited damage assessment method is the most cost-effective, technically feasible method for achieving timely restoration of injured natural resources.
(b) State trustees may utilize appropriate simplified procedures and protocols in an expedited assessment.
(c) The state trustees, in consultation with the responsible person, may decide to use a restoration project from the equivalent resource plan described in §20.36(e) of this title (relating to Equivalent Resource Plans) for the purpose of compensating for injuries to natural resources which are identified as the result of an expedited damage assessment conducted under this section.

Source Note: The provisions of this §20.33 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318