| (a) The financial assurance provided shall be in the amount
specified in the most recent post response action care cost estimate required
by §350.33(l), (m), or (n), as applicable, of this title (relating to
Remedy Standard B).
(b) A person subject to this subchapter may use any of the
financial assurance mechanisms specified in Subchapter C of this chapter (relating
to Financial Assurance Mechanisms for Closure, Post Closure, and Corrective
Action) to demonstrate financial assurance for post response action care,
except that a pay-in trust fund may not be used and a standby trust as specified
in §37.161 of this title (relating to Establishment of a Standby Trust)
is not required.
(c) A person who is required to provide financial assurance
shall do so in accordance with §37.31 of this title (relating to Submission
of Documents), but must submit the financial assurance within 90 days of the
executive director's approval of the Response Action Plan.
(d) A person required to provide financial assurance is not
subject to §37.131 of this title (relating to Annual Inflation Adjustments
to Closure Estimates).
(e) If an affected property undergoing post response action
care does not have an agency registration or permit number, any references
to the agency registration or permit number in the wording of mechanisms specified
in Subchapter D of this chapter (relating to Wording of the Mechanisms for
Closure, Post Closure, and Corrective Action) may be replaced with any other
applicable name or number assigned by the agency to the subject property.
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