| (a) An owner or operator subject to this subchapter
shall establish financial assurance for the closure, post closure,
and corrective action of the facility that meets the requirements
of this section, in addition to the requirements specified under Subchapters
A, B, C, and D of this chapter (relating to General Financial Assurance
Requirements; Financial Assurance Requirements for Closure, Post Closure,
and Corrective Action; Financial Assurance Mechanisms for Closure,
Post Closure, and Corrective Action; and Wording of the Mechanisms
for Closure, Post Closure, and Corrective Action).
(1) An owner or operator subject to this subchapter
may use any of the mechanisms as specified in §37.9050 of this
title (relating to Financial Assurance Mechanisms) to demonstrate
financial assurance for closure, post closure, and corrective action.
On a case-by-case basis, the executive director may approve other
alternative financial assurance mechanisms.
(2) The executive director will respond within 60 days
after receiving a written request for a financial assurance reduction
in accordance with §37.151 of this title (relating to Decrease
in Current Cost Estimate).
(3) An owner or operator may use multiple financial
assurance mechanisms provided in §37.41 of this title (relating
to Use of Multiple Financial Assurance Mechanisms), but must use only
those financial assurance mechanisms as specified in §37.9050
of this title.
(4) The executive director may accept financial assurance
established to meet requirements of other federal, state agencies,
or local governing bodies for closure or post closure, provided such
mechanism complies with the requirements of this chapter and the full
amount of financial assurance required for the specific license is
clearly identified and committed for use for the purposes of Chapter
336, Subchapters G, H, L, and M of this title (relating to Decommissioning
Standards; Licensing Requirements for Near-Surface Land Disposal of
Low-Level Radioactive Waste; Licensing of Source Material Recovery
and By-Product Material Disposal Facilities; and Licensing of Radioactive
Substances Processing and Storage Facilities).
(5) Proof of forfeiture must not be necessary to collect
the financial assurance, so that in the event that the owner or operator
does not provide acceptable replacement financial assurance within
the required time prior to the expiration, cancellation, or termination
of the financial assurance mechanism, the financial assurance provider
shall pay the face amount of the financial assurance to the State
of Texas for deposit as specified in paragraph (6) of this subsection.
(6) All financial assurance required under §§336.619,
336.736 - 336.738, 336.1125, and 336.1235 of this title (relating
to Financial Assurance for Decommissioning; Liability Coverage and
Funding for Disposal Site Closure and Stabilization; Funding for Institutional
Control; Funding for Corrective Action; Financial Assurance Requirements;
and Financial Assurance for Storage and Processing) to be converted
to cash by direction of the executive director pursuant to §37.101
of this title (relating to Drawing on the Financial Assurance Mechanisms)
and paragraph (5) of this subsection shall be payable to the State
of Texas for deposit to the credit of the perpetual care account or
upon the Environmental Radiation and Perpetual Care Account being
recreated and rededicated by legislation, then such financial assurance
proceeds as described in this subsection shall be paid to the State
of Texas for deposit to the credit of the Environmental Radiation
and Perpetual Care Account.
(b) Financial assurance for aquifer restoration shall
be provided in an amount no less than the cost estimate for aquifer
restoration approved for each production area authorization. The executive
director shall have discretion to apply financial assurance approved
for one production area to the restoration of any other production
area.
(c) The owner or operator shall comply with §37.71
of this title (relating to Incapacity of Owners or Operators, Guarantors,
or Financial Institutions), except financial assurance must be established
within 30 days after such an event.
|
| Source Note: The provisions of this §37.9045 adopted to be effective March 21, 2000, 25 TexReg 2347; amended to be effective September 14, 2000, 25 TexReg 8855; amended to be effective January 8, 2004, 29 TexReg 101; amended to be effective March 12, 2009, 34 TexReg 1610; amended to be effective June 25, 2015, 40 TexReg 3846 |
