| (a) The requirements of this section apply to owners
or operators of reclamation and intermediate facilities managing hazardous
secondary materials excluded under 40 Code of Federal Regulations
(CFR) §261.4(a)(24).
(b) The owner or operator must submit to the executive
director a detailed written estimate, in current dollars, of the cost
of disposing of any hazardous secondary material as listed or characteristic
hazardous waste, and the potential cost of closing the facility as
a treatment, storage, and disposal facility. The estimate must meet
the following requirements:
(1) the estimate must equal the cost of conducting
the activities described in this subsection at the point when the
extent and manner of the facility's operation would make these activities
the most expensive; and
(2) the cost estimate must be based on the costs to
the owner or operator of hiring a third party to conduct these activities.
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
40 CFR §265.141(d)). The owner or operator may use costs for
on-site disposal in accordance with applicable requirements 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 cost estimate may not incorporate any salvage
value that may be realized with the sale of hazardous secondary materials,
or hazardous or non-hazardous wastes if applicable under 40 CFR §265.113(d),
facility structures or equipment, land, or other assets associated
with the facility.
(4) The owner or operator may not incorporate a zero
cost for hazardous secondary materials, or hazardous or non-hazardous
wastes if applicable under 40 CFR §265.113(d) that might have
economic value.
(c) During the active life of the facility, the owner
or operator must adjust the cost estimate for inflation in accordance
with the requirements of §37.131 of this title (relating to Annual
Inflation Adjustments to Closure Cost Estimates).
(d) During the active life of the facility, the owner
or operator must submit to the executive director a revised cost estimate
no later than 30 days after a change in a facility's operating plan
or design that would increase the costs of conducting the activities
described in subsection (b) of this section or no later than 60 days
after an unexpected event which increases the cost of conducting the
activities described in subsection (b) of this section. The revised
cost estimate must be adjusted for inflation as specified in subsection
(c) of this section.
(e) The owner or operator must keep the following at
the facility during the operating life of the facility:
(1) the latest cost estimate prepared in accordance
with subsections (b) and (d) of this section; and
(2) when this estimate has been adjusted in accordance
with subsection (c) of this section, the latest adjusted cost estimate.
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