Okla. Admin. Code § 252:517-17-31

Current through Vol. 41, No. 19, June 17, 2024

Section 252:517-17-31 - Cost estimates for closure

(a)Closure cost estimate. Closure cost estimates shall be submitted to the DEQ for approval. The estimate shall be a detailed written estimate, in current dollars, of the cost of hiring a third party to close the CCR unit in accordance with the permit, the approved closure plan, and the rules of this Chapter at any time during its active life.

(b)Amount. The cost estimate shall be set by the DEQ and be equal to the cost of closing the facility when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. The closure cost for a CCR unit must equal the cost of closing the largest area of the facility ever requiring a final cover at any time during the active life.

(c)Determination of closure cost estimate.

(1) Closure cost estimates shall be determined in accordance with OAC 252:517-17-51.

(2) A copy of the cost estimate shall be submitted to the DEQ for approval.

(3) A copy of the approved estimate shall be placed in the operating record.

(d)Increases required. Closure cost estimates and the amount of financial assurance provided must be increased if, at any time during the active life, changes to the closure plan or facility conditions increase the maximum cost of closure.

(e)Reductions allowed. Proposals for reduction of closure cost estimates and the amount of financial assurance required may be approved by the DEQ.

(1)Conditions. To qualify for a reduction:

(A) part of the closure plan must have been completed and approved by the DEQ; or

(B) the cost estimate must be demonstrated to exceed the maximum cost of closure during the remaining life of the facility.

(2)Adequate assurance remains. The amount of security remaining after the reduction must adequately cover the estimated closure cost yet to be performed.

(3)DEQ approval required. Financial assurance shall not be reduced until DEQ approval has been granted.

Okla. Admin. Code § 252:517-17-31

Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016