OAR 340-104-0143: Financial Assurance for Facility Closure

(1) This rule amends the requirements of 40 CFR 264.143. (2) An owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 CFR 264.143(a) to 264.143(h). (3)(a) If an owner or operator uses the trust fund option specified in 40 CFR 264.143(a) to establish financial assurance for closure of the facility, the owner or operator must also comply with subsection (3)(b) of this rule; (b) During the period the current closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 CFR 264.143(b) to 264.143(f). (4) The phrase “…term of the initial RCRA permit…” in the first sentence of 40 CFR 264.143(a)(3) is deleted and replaced with the phrase “…initial 10 years the facility is permitted under Divisions 105 and 106….” (5) The phrase “…in one or more States” in the last sentence of 40 CFR 264.143(e)(1) is deleted and replaced with the phrase “…in Oregon.” (6) The phrase “Except as may be required by 40 CFR 264.143(f)(10),” is added to the beginning of the first sentence of 40 CFR 264.143(f)(1). (7) The phrase “An owner or operator that has a parent corporation may only meet…” replaces the phrase “An owner or operator may meet…” in the first sentence of 40 CFR 264.143(f)(10).