Exceptions to the financial assurance requirements of Chapter
37, Subchapters A - D of this title (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) as specified
in §352.1101 of this title (relating to Financial Assurance Required)
include:
(1) §37.31 of this title (relating to Submission
of Documents) is not applicable;
(2) a pay-in trust as described in §37.201 of
this title (relating to Trust Fund) may not be used;
(3) the owner or operator authorized to use insurance
as a financial assurance mechanism must use the insurance endorsement
approved by the executive director rather than the certificate of
insurance specified by §37.241(c) of this title (relating to
Insurance);
(4) the owner or operator using a financial test as
described in §37.251 of this title (relating to Financial Test),
or a corporate guarantee as described in §37.261 of this title
(relating to Corporate Guarantee), must comply with §37.141 of
this title (relating to Increase in Current Cost Estimate), except
that mechanism increases must be made no later than 90 days after
the close of each succeeding fiscal year;
(5) the owner or operator using a local government
financial test as described in §37.271 of this title (relating
to Local Government Financial Test), or a local government guarantee
as described in §37.281 of this title (relating to Local Government
Guarantee), must comply with §37.141 of this title, except that
mechanism increases must be made within 180 days after the close of
each succeeding fiscal year;
(6) insurance as specified in §37.241 of this
title and paragraph (3) of this section may not be used if closure
of the coal combustion residuals unit has been completed as specified
in §352.1211 of this title (relating to Closure or Retrofit of
Coal Combustion Residuals Units);
(7) the wording of an instrument under Chapter 37,
Subchapter D of this title used to satisfy a financial assurance condition
shall be revised to replace the term "permit numbers" with the term
"registration numbers."
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