(a) General. The state trustees shall conduct natural resource damage assessments by:

(1) providing opportunity for public review and comment on assessment plans, restoration plans, and settlement agreements;

(2) developing and utilizing contingency planning to enhance coordination among state trustees, emergency response agencies, and responsible persons to ensure a consistent and comprehensive response to unauthorized discharges of oil;

(3) coordinating and exchanging scientific, technical, economic and legal expertise among the state trustees and federal trustees;

(4) integrating all scientific, technical, economic and legal issues;

(5) executing, when necessary, contracts to procure the services of appropriate experts;

(6) providing the opportunity for early participation in the assessment process by the responsible persons; and

(7) informing the Texas attorney general, when appropriate, of state trustee actions during the assessment process.

(b) Coordination with federal trustees. The state trustees shall coordinate with the federal trustees in all phases of the damage assessment and restoration process. The state trustees may utilize the Area Contingency Plans and the National Contingency Plan.

(c) Lead administrative trustee. The state trustees will designate a lead administrative trustee for each assessment. Additional duties may be assigned to the lead administrative trustee by agreement of all state trustees, but the lead administrative trustee shall:

(1) coordinate the natural resources damage assessment and organize communication among the state trustees and federal trustees and with the responsible person regarding the assessment. The lead administrative trustee shall perform all administrative tasks required to disseminate information to all participants in the assessment and to ensure that the assessment is completed within the time periods, including any extensions granted, provided by the Oil Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code, Chapter 40;

(2) prepare and maintain the assessment record as required by §20.40 of this title (relating to Assessment Record); and

(3) ensure that disagreements among state trustees are expeditiously resolved pursuant to the Memorandum of Agreement executed by the state trustees required by OSPRA, §40.107(a)(4).

(d) If a state trustee takes action as a result of a discharge of oil prior to the designation of a lead administrative trustee, that state trustee shall document those actions and transmit that documentation to the lead administrative trustee.

Source Note: The provisions of this §20.22 adopted to be effective October 19, 1994, 19 TexReg 7911; amended to be effective October 21, 2010, 35 TexReg 9318