30 Tex. Admin. Code § 37.6041 - State Assumption of Responsibility
(a) If the State of Texas either assumes
legal responsibility for an owner's or operator's compliance with the closure,
post closure, corrective action, or liability requirements of this chapter, or
assures that funds will be available from state sources to cover those
requirements, the owner or operator will be in compliance with the requirements
of this chapter if the executive director determines that the state's
assumption of responsibility is at least equivalent to the financial mechanisms
specified in this chapter. The executive director will evaluate the equivalency
of state guarantees principally in terms of certainty of the availability of
funds for the required closure, post closure, or corrective action activities,
or liability coverage; and the amount of funds that will be made available. The
executive director may also consider other factors as the executive director
deems appropriate. The owner or operator must submit to the executive director
a letter from the State of Texas describing the nature of the state's
assumption of responsibility together with a letter from the owner or operator
requesting that the state's assumption of responsibility be considered
acceptable for meeting the requirements of this chapter. The letter from the
state must include, or have attached to it, the following information: the
facility's permit number, name, physical and mailing addresses, and the amount
of funds for closure, post closure, or corrective action or liability coverage
that are guaranteed by the state. The executive director will notify the owner
or operator of the determination regarding the acceptability of the state's
guarantee in lieu of financial mechanisms specified in this chapter. The
executive director may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Upon approval by
the executive director, the owner or operator will be deemed to be in
compliance with the requirements of this chapter.
(b) If the State of Texas' assumption of
responsibility is found acceptable as specified in subsection (a) of this
section except for the amount of funds available, the owner or operator may
satisfy the requirements of this chapter by use of both the state's assurance
and additional financial mechanisms as specified in this chapter. The amount of
funds available through the state and the owner or operator's mechanisms must
at least equal the required amount.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.