[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.65]

[Page 665-666]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144_UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
 Subpart F_Financial Responsibility: Class I Hazardous Waste Injection 
                                  Wells
 
Sec. 144.65  Use of State-required mechanisms.

    (a) For a facility located in a State where EPA is administering the 
requirements of this subpart but where the State has plugging and 
abandonment regulations that include requirements for financial 
assurance of plugging and abandonment, an owner or operator may use 
State-required financial mechanisms to meet the requirements of this 
subpart if the Regional Administrator determines that the State 
mechanisms are at least equivalent to the mechanisms specified in this 
subpart. The Regional Administrator will evaluate the equivalency of the 
mechanisms mainly in terms of (1) certainty of the availability of funds 
for the required plugging and abandonment activities and (2) the amount 
of funds that will be made available. The Regional Administrator may 
also consider other factors. The owner or operator must submit to the 
Regional Administrator evidence of the establishment of the mechanism 
together with a letter requesting that the State-required mechanism be 
considered acceptable for meeting the requirements of this subpart. The 
submittal must include the following information: The facility's EPA 
Identification Number, name and address, and the amounts of funds for 
plugging and abandonment coverage assured by the mechanism. The Regional 
Administrator will notify the owner or operator of his determination 
regarding the mechanism's acceptability. The Regional Administrator may 
require the owner or operator to submit additional information as is 
deemed necessary for making this determination.
    (b) If a State-required mechanism is found acceptable as specified 
in paragraph (a) of this section except for the amount of funds 
available, the owner or operator may satisfy the requirements of this 
subpart by increasing the funds available through the State-required 
mechanism or using additional mechanisms as specified in this subpart. 
The amounts of funds available

[[Page 666]]

through the State and Federal mechanisms must at least equal the amounts 
required by this subpart.