[Title 40 CFR 144.66]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 144 - UNDERGROUND INJECTION CONTROL PROGRAM]
[Subpart F - Financial Responsibility: Class I Hazardous Waste Injection]
[Sec. 144.66 - State assumption of responsibility.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT222009-07-012009-07-01false144.66Sec. 144.66PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAMFinancial Responsibility: Class I Hazardous Waste Injection
Sec. 144.66  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the plugging and abandonment requirements of 
these regulations or assures that funds will be available from State 
sources to cover these requirements, the owner or operator will be in 
compliance with the requirements of this subpart if the Regional 
Administrator determines that the State's assumption of responsibility 
is at least equivalent to the mechanisms specified in this subpart. The 
Regional Administrator will evaluate the equivalency of State guarantees 
mainly in terms of (1) certainty of the availability of funds for the 
required plugging and abandonment coverage and (2) the amount of funds 
that will be made available. The Regional Administrator may also 
consider other factors. The owner or operator must submit to the 
Regional Administrator a letter from the State describing the nature of 
the State's assumption of responsibility together with a letter from the 
owner or operator requesting that the State's asumption of 
responsibility be considered acceptable for meeting the requirements of 
this subpart. The letter from the State must include, or have attached 
to it, the following information: the facility's EPA Identification 
Number, name and address, and the amounts of funds for plugging and 
abandonment coverage that are guaranteed by the State. The Regional 
Administrator will notify the owner or operator of his determination 
regarding the acceptability of the State's guarantee in lieu of 
mechanisms specified in this subpart. The Regional Administrator may 
require the owner or operator to submit additional information as is 
deemed necessary to make this determination. Pending this determination, 
the owner or operator will be deemed to be in compliance with Sec. 
144.63.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.