Ohio Admin. Code 3745-55-42 - Cost estimate for closure
(A) The owner or operator shall have a
detailed written estimate, in current dollars, of the cost of closing the
facility in accordance with rules
3745-55-11
to
3745-55-15
of the Administrative Code and applicable closure requirements in rules
3745-55-78,
3745-55-97,
3745-56-28,
3745-56-58,
3745-56-80,
3745-57-10,
3745-57-51,
3745-57-91
to
3745-57-93, and
3745-205-102
of the Administrative Code.
(1) The closure
cost estimate shall equal the cost of final closure at the point in the
facility's active life when the extent and manner of the facility's operation
would make closure the most expensive, as indicated by the facility's closure
plan [see paragraph (B) of rule
3745-55-12
of the Administrative Code].
(2)
The closure cost estimate shall be based on the costs to the owner or operator
of hiring a third party to close the facility. A third party is a party who is
neither a parent nor a subsidiary of the owner or operator [see definition of
"parent corporation" in paragraph (A)(4) of rule
3745-55-41 of the
Administrative Code]. The owner or operator may use costs for on-site disposal
if the owner or operator can demonstrate that on-site disposal capacity will
exist at all times over the life of the facility.
(3) The closure cost estimate may not
incorporate any salvage value that may be realized with the sale of hazardous
wastes, or nonhazardous wastes if applicable under paragraph (D) of rule
3745-55-13
of the Administrative Code, facility structures or equipment, land, or other
assets associated with the facility at the time of partial or final
closure.
(4) The owner or operator
may not incorporate a zero cost for hazardous wastes, or nonhazardous wastes if
applicable under paragraph (D) of rule
3745-55-13
of the Administrative Code, that might have economic value.
(B) During the active life of the facility,
the owner or operator shall adjust the closure cost estimate for inflation
within sixty days prior to the anniversary date of the establishment of the
financial instruments used to comply with rule
3745-55-43
of the Administrative Code. For owners and operators using the financial test
or corporate guarantee, the closure cost estimate shall be updated for
inflation within thirty days after the close of the owner or operator's fiscal
year and before submittal of updated information to the director as specified
in paragraph (F)(3) of rule
3745-55-43
of the Administrative Code. The adjustment may be made by recalculating the
maximum costs of closure in current dollars, or by using an inflation factor
derived as specified in
40 CFR
264.142(b).
(1) The first adjustment is made by
multiplying the closure cost estimate by the inflation factor. The result is
the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(C) During the
active life of the facility, the owner or operator shall revise the closure
cost estimate no later than thirty days after the director has approved the
request to modify the closure plan, if the change in the closure plan increases
the cost of closure. The revised closure cost estimate shall be adjusted for
inflation as specified in paragraph (B) of this rule.
(D)
The
During the operating
life of the facility, the owner or operator shall keep
the following at the facility
during the operating life of the facility:
the latest closure cost estimate prepared in accordance with paragraphs (A) and
(C) of this rule and, when this estimate has been adjusted in accordance with
paragraph (B) of this rule, the latest adjusted closure cost
estimate.
(E) A copy of the
facility's current, detailed closure cost estimate prepared and maintained in
accordance with paragraphs (A) and (B) of this rule shall be submitted annually
to the director.
(1) For owners or operators
using a financial mechanism other than the financial test, such submittal of
the closure cost estimate to the director shall be made within sixty days
following
after a revision or update to the estimate made in
accordance with paragraph (B) of this rule.
(2) For owners or operators using a financial
test, such submittal of the closure cost estimate to the director shall be made
within ninety days after the close of the firm's fiscal year
following
after a revision or update to the estimate made in
accordance with paragraph (B) of this rule.
[Comment 1: As used in this rule, "detailed closure cost
estimate" means a listing of the specific costs associated with each major
phase of closure activity for each hazardous waste management unit, including
but not limited to: removal,
transportation
[Comment 2: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/26/1983 (Emer.), 11/29/1983, 08/30/1984, 11/13/1987, 12/30/1989, 02/11/1992, 02/14/1995, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 09/05/2010, 03/24/2017
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