(4) The owner or operator may accelerate payments into the trust fund or he
may deposit the full amount of the current plugging and abandonment cost
estimate at the time the fund is established. However, he must maintain the
value of the fund at no less than the value that the fund would have if annual
payments were made as specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a plugging and abandonment trust
fund after having used one or more alternate mechanisms specified in this
section or in §144.63 of this chapter, his first payment must be in at least the
amount that the fund would contain if the trust fund were established initially
and annual payments made according to specifications of this paragraph.
(6) After the pay-in period is completed, whenever the current plugging and
abandonment cost estimate changes, the owner or operator must compare the new
estimate with the trustee's most recent annual valuation of the trust fund. If
the value of the fund is less than the amount of the new estimate, the owner or
operator, within 60 days after the change in the cost estimate, must either
deposit an amount into the fund so that its value after this deposit at least
equals the amount of the current plugging and abandonment cost estimate, or
obtain other financial assurance as specified in this section to cover the
difference.
(7) If the value of the trust fund is greater than the total amount of the
current plugging and abandonment cost estimate, the owner or operator may submit
a written request to the Regional Administrator for release of the amount in
excess of the current plugging and abandonment cost estimate.
(8) If an owner or operator substitutes other financial assurance as
specified in this section for all or part of the trust fund, he may submit a
written request to the Regional Administrator for release of the amount in
excess of the current plugging and abandonment cost estimate covered by the
trust fund.
(9) Within 60 days after receiving a request from the owner or operator for
release of funds as specified in paragraph (a) (7) or (8) of this section, the
Regional Administrator will instruct the trustee to release to the owner or
operator such funds as the Regional Administrator specifies in writing.
(10) After beginning final plugging and abandonment, an owner or operator or
any other person authorized to perform plugging and abandonment may request
reimbursement for plugging and abandonment expenditures by submitting itemized
bills to the Regional Administrator. Within 60 days after receiving bills for
plugging and abandonment activities, the Regional Administrator will determine
whether the plugging and abandonment expenditures are in accordance with the
plugging and abandonment plan or otherwise justified, and if so, he will
instruct the trustee to make reimbursement in such amounts as the Regional
Administrator specifies in writing. If the Regional Administrator has reason to
believe that the cost of plugging and abandonment will be significantly greater
than the value of the trust fund, he may withhold reimbursement of such amounts
as he deems prudent until he determines, in accordance with §144.63(i), that the
owner or operator is no longer required to maintain financial assurance for
plugging and abandonment.
(11) The Regional Administrator will agree to termination of the trust when:
(i) An owner or operator substitutes alternate financial assurance as
specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the
requirements of this section in accordance with §144.63(i).
(b) Surety bond guaranteeing payment into a plugging and abandonment trust
fund. (1) An owner or operator must satisfy the requirements of this section
by obtaining a surety bond which conforms to the requirements of this paragraph
and submitting the bond to the Regional Administrator with the application for a
permit or for approval to operate under rule. The bond must be effective before
the initial injection of hazardous waste. The surety company issuing the trust
must, at a minimum, be among those listed as acceptable sureties on Federal
bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording in
§144.70(b).
(3) The owner or operator who uses a surety bond to satisfy the requirements
of this section must also establish a standby trust fund. Under the terms of the
bond, all payments made thereunder will be deposited by the surety directly into
the standby trust fund in accordance with instructions from the Regional
Administrator. This standby trust fund must meet the requirements specified in
§144.63(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted
to the Regional Administrator with the surety bond; and
(ii) Until the standby trust fund is funded pursuant to the requirements of
this section, the following are not required by these requirements:
(A) Payments into the trust fund as specified in §144.63(a);
(B) Updating of Schedule A of the trust agreement [see §144.70(a)] to show
current plugging and abandonment cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum of the
bond before beginning of plugging and abandonment of the injection well; or
(ii) Fund the standby trust fund in an amount equal to the penal sum within
15 days after an order to begin plugging and abandonment is issued by the
Regional Administrator or a U.S. district court or other court of competent
jurisdiction; or
(iii) Provide alternate financial assurance as specified in this section, and
obtain the Regional Administrator's written approval of the assurance provided,
within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond.
(6) The penal sum of the bond must be in amount at least equal to the current
plugging and abandonment cost estimate, except as provided in §144.63(g).
(7) Whenever the current plugging and abandonment cost estimate increases to
an amount greater than the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to an amount
at least equal to the current plugging and abandonment cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section to cover the increase. Whenever
the current plugging and abandonment cost estimate decreases, the penal sum may
be reduced to the amount of the current plugging and abandonment cost estimate
following written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending
notice of cancellation by certified mail to the owner or operator and to the
Regional Administrator. Cancellation may not occur, however, during 120 days
beginning on the date of the receipt of the notice of cancellation by both owner
or operator and the Regional Administrator as evidenced by the returned
receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator
has given prior written consent based on his receipt of evidence of alternate
financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of plugging and abandonment.
(1) An owner or operator may satisfy the requirements of this section by
obtaining a surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator. An owner or operator of a new
facility must submit the bond to the Regional Administrator with the permit
application or for approval to operate under rule. The bond must be effective
before injection of hazardous waste is started. The surety company issuing the
bond must, at a minimum, be among those listed as acceptable sureties on Federal
bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording specified
in §144.70(c).
(3) The owner or operator who uses a surety bond to satisfy the requirements
of this section must also establish a standby trust fund. Under the terms of the
bond, all payments made thereunder will be deposited by the surety directly into
the standby trust fund in accordance with instructions from the Regional
Administrator. The standby trust must meet the requirements specified in
§144.63(a), except that:
(i) An original signed duplicate of the trust agreement must be submitted to
the Regional Administrator with the surety bond; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of
this section, the following are not required by these regulations:
(A) Payments into the trust fund as specified in §144.63(a);
(B) Updating of Schedule A of the trust agreement [see §144.70(a)] to show
current plugging and abandonment cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Perform plugging and abandonment in accordance with the plugging and
abandonment plan and other requirements of the permit for the injection well
whenever required to do so; or
(ii) Provide alternate financial assurance as specified in this section, and
obtain the Regional Administrator's written approval of the assurance provided,
within 90 days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond. Following a determination that the owner or operator has failed to perform
plugging and abandonment in accordance with the plugging and abandonment plan
and other permit requirements when required to do so, under terms of the bond
the surety will perform plugging and abandonment as guaranteed by the bond or
will deposit the amount of the penal sum into the standby trust fund.
(6) The penal sum of the bond must be in an amount at least equal to the
current plugging and abandonment cost estimate.
(7) Whenever the current plugging and abandonment cost estimate increases to
an amount greater than the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to an amount
at least equal to the current plugging and abandonment cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section. Whenever the plugging and
abandonment cost estimate decreases, the penal sum may be reduced to the amount
of the current plugging and abandonment cost estimate following written approval
by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by sending
notice of cancellation by certified mail to the owner or operator and to the
Regional Administrator. Cancellation may not occur, however, during the 120 days
beginning on the date of receipt of the notice of cancellation by both the owner
or operator and the Regional Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional Administrator
has given prior written consent. The Regional Administrator will provide such
written consent when:
(i) An owner or operator substitute alternate financial assurance as
specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the
requirements of this section in accordance with §144.63(i).
(10) The surety will not be liable for deficiencies in the performance of
plugging and abandonment by the owner or operator after the Regional
Administrator releases the owner or operator from the requirements of this
section in accordance with §144.63(i).
(d) Plugging and abandonment letter of credit. (1) An owner or
operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter of credit which conforms to the requirements of this
paragraph and submitting the letter to the Regional Administrator. An owner or
operator of an injection well must submit the letter of credit to the Regional
Administrator during submission of the permit application or for approval to
operate under rule. The letter of credit must be effective before initial
injection of hazardous waste. The issuing institution must be an entity which
has the authority to issue letters of credit and whose letter-of-credit
operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the wording
specified in §144.70(d).
(3) An owner or operator who uses a letter of credit to satisfy the
requirements of this section must also establish a standby trust fund. Under the
terms of the letter of credit, all amounts paid pursuant to a draft by the
Regional Administrator will be deposited by the issuing institution directly
into the standby trust fund in accordance with instructions from the Regional
Administrator. This standby trust fund must meet the requirements of the trust
fund specified in §144.63(a), except that:
(i) An originally signed duplicate of the trust agreement must be submitted
to the Regional Administrator with the letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the requirements of
this section, the following are not required by these regulations:
(A) Payments into the trust fund as specified in §144.63(a);
(B) Updating of Schedule A of the trust agreement (see §144.70(a)) to show
current plugging and abandonment cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the owner or
operator referring to the letter of credit by number, issuing institution, and
date, and providing the following information: the EPA Identification Number,
name, and address of the facility, and the amount of funds assured for plugging
and abandonment of the well by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period of at
least 1 year. The letter of credit must provide that the expiration date will be
automatically extended for a period of at least 1 year unless, at least 120 days
before the current expiration date, the issuing institution notifies both the
owner or operator and the Regional Administrator by certified mail of a decision
not to extend the expiration date. Under the terms of the letter of credit, the
120 days will begin on the date when both the owner or operator and the Regional
Administrator have received the notice, as evidenced by the return receipts.
(6) The letter of credit must be issued in an amount at least equal to the
current plugging and abandonment cost estimate, except as provided in
§144.63(g).
(7) Whenever the current plugging and abandonment cost estimate increases to
an amount greater than the amount of the credit, the owner or operator, within
60 days after the increase, must either cause the amount of the credit to be
increased so that it at least equals the current plugging and abandonment cost
estimate and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover the
increase. Whenever the current plugging and abandonment cost estimate decreases,
the amount of the credit may be reduced to the amount of the current plugging
and abandonment cost estimate following written approval by the Regional
Administrator.
(8) Following a determination that the owner or operator has failed to
perform final plugging and abandonment in accordance with the plugging and
abandonment plan and other permit requirements when required to do so, the
Regional Administrator may draw on the letter of credit.
(9) If the owner or operator does not establish alternate financial assurance
as specified in this section and obtain written approval of such alternate
assurance from the Regional Administrator within 90 days after receipt by both
the owner or operator and the Regional Administrator of a notice from the
issuing institution that it has decided not to extend the letter of credit
beyond the current expiration date, the Regional Administrator will draw on the
letter of credit. The Regional Administrator may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
last 30 days of any such extension the Regional Administrator will draw on the
letter of credit if the owner or operator has failed to provide alternate
financial assurance as specified in this section and obtain written approval of
such assurance from the Regional Administrator.
(10) The Regional Administrator will return the letter of credit to the
issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance as
specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the
requirements of this section in accordance with §144.63(i).
(e) Plugging and abandonment insurance. (1) An owner or operator may
satisfy the requirements of this section by obtaining plugging and abandonment
insurance which conforms to the requirements of this paragraph and submitting a
certificate of such insurance to the Regional Administrator. An owner or
operator of a new injection well must submit the certificate of insurance to the
Regional Administrator with the permit application or for approval operate under
rule. The insurance must be effective before injection starts. At a minimum, the
insurer must be licensed to transact the business of insurance, or eligible to
provide insurance as an excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance must be identical to the
wording specified in §144.70(e).
(3) The plugging and abandonment insurance policy must be issued for a face
amount at least equal to the current plugging and abandonment estimate, except
as provided in §144.63(g). The term "face amount" means the total amount the
insurer is obligated to pay under the policy. Actual payments by the insurer
will not change the face amount, although the insurers future liability will be
lowered by the amount of the payments.
(4) The plugging and abandonment insurance policy must guarantee that funds
will be available whenever final plugging and abandonment occurs. The policy
must also guarantee that once plugging and abandonment begins, the issurer will
be responsible for paying out funds, up to an amount equal to the face amount of
the policy, upon the direction of the Regional Administrator, to such party or
parties as the Regional Administrator specifies.
(5) After beginning plugging and abandonment, an owner or operator or any
other person authorized to perform plugging and abandonment may request
reimbursement for plugging and abandonment expenditures by submitting itemized
bills to the Regional Administrator. Within 60 days after receiving bills for
plugging and abandonment activities, the Regional Administrator will determine
whether the plugging and abandonment expenditures are in accordance with the
plugging and abandonment plan or otherwise justified, and if so, he will
instruct the insurer to make reimbursement in such amounts as the Regional
Administrator specifies in writing. If the Regional Administrator has reason to
believe that the cost of plugging and abandonment will be significantly greater
than the face amount of the policy, he may withhold reimbursement of such
amounts as he deems prudent until he determines, in accordance with §144.63(i),
that the owner or operator is no longer required to maintain financial assurance
for plugging and abandonment of the injection well.
(6) The owner or operator must maintain the policy in full force and effect
until the Regional Administrator consents to termination of the policy by the
owner or operator as specified in paragraph (e)(10) of this section. Failure to
pay the premium, without substitution of alternate financial assurance as
specified in this section, will constitute a significant violation of these
regulations, warranting such remedy as the Regional Administrator deems
necessary. Such violation will be deemed to begin upon receipt by the Regional
Administrator of a notice of future cancellation, termination, or failure to
renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain provisions allowing assignment to a successor
owner or operator. Such assignment may be conditional upon consent of the
insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer may not cancel, terminate, or
fail to renew the policy except for failure to pay the premium. The automatic
renewal of the policy must, at a minimum, provide the insured with the option of
renewal at the face amount of the expiring policy. If there is a failure to pay
the premium, the insurer may elect to cancel, terminate, or fail to renew the
policy by sending notice by certified mail to the owner or operator and the
Regional Administrator. Cancellation, termination, or failure to renew may not
occur, however, during 120 days beginning with the date of receipt of the notice
by both the Regional Administrator and the owner or operator, as evidenced by
the return of receipts. Cancellation, termination, or failure to renew may not
occur and the policy will remain in full force and effect in the event that on
or before the date of expiration:
(i) The Regional Administrator deems the injection well abandoned; or
(ii) The permit is terminated or revoked or a new permit is denied; or
(iii) Plugging and abandonment is ordered by the Regional Administrator or a
U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or involuntary
proceeding under title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current plugging and abandonment cost estimate increases to
an amount greater than the face amount of the policy, the owner or operator,
within 60 days after the increase, must either cause the face amount to be
increased to an amount at least equal to the current plugging and abandonment
estimate and submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover the
increase. Whenever the current plugging and abandonment cost estimate decreases,
the face amount may be reduced to the amount of the current plugging and
abandonment cost estimate following written approval by the Regional
Administrator.
(10) The Regional Administrator will give written consent to the owner or
operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes alternate financial assurance as
specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the
requirements of this section in accordance with §144.63(i).
(f) Financial test and corporate guarantee for plugging and
abandonment. (1) An owner or operator may satisfy the requirements of this
section by demonstrating that he passes a financial test as specified in this
paragraph. To pass this test the owner or operator must meet the criteria of
either paragraph (f)(1)(i) or (f)(1)(ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A ratio of total liabilities to net
worth less than 2.0; a ratio of the sum of net income plus depreciation,
depletion, and amortization to total liabilities greater than 0.1; and a ratio
of current assets to current liabilities greater than 1.5; and
(B) Net working capital and tangible net worth each at least six times the
sum of the current plugging and abandonment cost estimate; and
(C) Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to at least 90 percent of his total
assets or at least six times the sum of the current plugging and abandonment
cost estimate.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA, A or BBB
as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current plugging and
abandonment cost estimate; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90 percent of
his total assets or at least six times the sum of the current plugging and
abandonment cost estimates.
(2) The phrase "current plugging and abandonment cost estimate" as used in
paragraph (f)(1) of this section refers to the cost estimate required to be
shown in paragraphs 1 through 4 of the letter from the owner's or operator's
chief financial officer §144.70(f).
(3) To demonstrate that he meets this test, the owner or operator must submit
the following items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial officer and
worded as specified in §144.70(f); and
(ii) A copy of the independent certified public accountant's report on
examination of the owner's or operator's financial statements for the latest
completed fiscal year; and
(iii) A special report from the owner's or operator's independent certified
public accountant to the owner or operator stating that:
(A) He has compared the data which the letter from the chief financial
officer specifies as having been derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in
such financial statements; and
(B) In connection with that procedure, no matters came to his attention which
caused him to believe that the specified data should be adjusted.
(4) An owner or operator of a new injection well must submit the items
specified in paragraph (f)(3) of this section to the Regional Administrator
within 90 days after the close of each succeeding fiscal year. This information
must consist of all three items specified in paragraph (f)(3) of this section.
(5) After the initial submission of items specified in paragraph (f)(3) of
this section, the owner or operator must send updated information to the
Regional Administrator within 90 days after the close of each succeeding fiscal
year. This information must consist of all three items specified in paragraph
(f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of paragraph
(f)(1) of this section, he must send notice to the Regional Administrator of
intent to establish alternate financial assurance as specified in this section.
The notice must be sent by certified mail within 90 days after the end of the
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the requirements. The owner or operator must provide
the alternate financial assurance within 120 days after the end of such fiscal
year.
(7) The Regional Administrator may, based on a reasonable belief that the
owner or operator may no longer meet the requirements of paragraph (f)(1) of
this section, require reports of financial condition at any time from the owner
or operator in addition to those specified in paragraph (f)(3) of this section.
If the Regional Administrator finds, on the basis of such reports or other
information, that the owner or operator no longer meets the requirements of
paragraph (f)(1) of this section, the owner or operator must provide alternate
financial assurance as specified in this section within 30 days after
notification of such a finding.
(8) The Regional Administrator may disallow use of this test on the basis of
qualifications in the opinion expressed by the independent certified public
accountant in his report on examination of the owner's or operator's financial
statements [see paragraph (f)(3)(ii) of this section]. An adverse opinion or
disclaimer of opinion will be cause for disallowance. The Regional Administrator
will evaluate other qualifications on an individual basis. The owner or operator
must provide alternate financial assurance as specified in this section within
30 days after notification of the disallowance.
(9) The owner or operator is no longer required to submit the items specified
in paragraph (f)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance as
specified in this section; or
(ii) The Regional Administrator releases the owner or operator from the
requirements of this section in accordance with §144.63(i).
(10) An owner or operator may meet the requirements of this section by
obtaining a written guarantee, hereafter referred to as "corporate guarantee."
The guarantee must be the parent corporation of the owner or operator. The
guarantee must meet the requirements for owners or operators in paragraphs
(f)(1) through (f)(8) of this section and must comply with the terms of the
corporate guarantee. The wording of the corporate guarantee must be identical to
the wording specified in §144.70(h). The corporate guarantee must accompany the
items sent to the Regional Administrator as specified in paragraph (f)(3) of
this section. The terms of the corporate guarantee must provide that:
(i) If the owner or operator fails to perform plugging and abandonment of the
injection well covered by the corporate guarantee in accordance with the
plugging and abandonment plan and other permit requirements whenever required to
do so, the guarantee will do so or establish a trust fund as specified in
§144.63(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the guarantor sends
notice of cancellation by certified mail to the owner or operator and the
Regional Administrator, as evidenced by the return receipts. Cancellation may
not occur, however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial assurance
as specified in this section and obtain the written approval of such alternate
assurance from the Regional Administrator within 90 days after receipt by both
the owner or operator and the Regional Administrator of a notice of cancellation
of the corporate guarantee from the guarantor, the guarantor will provide such
alternative financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may
satisfy the requirements of this section by establishing more than one financial
mechanism per injection well. These mechanisms are limited to trust funds,
surety bonds, guaranteeing payment into a trust fund, letters of credit, and
insurance. The mechanisms must be as specified in paragraphs (a), (b), (d), and
(e), respectively, of this section, except that it is the combination of
mechanisms, rather than the single mechanism, which must provide financial
assurance for an amount at least equal to the adjusted plugging and abandonment
cost. If an owner or operator uses a trust fund in combination with a surety
bond or letter of credit, he may use that trust fund as the standby trust fund
for the other mechanisms. A single standby trust may be established for two or
more mechanisms. The Regional Administrator may invoke any or all of the
mechanisms to provide for plugging and abandonment of the injection well.
(h) Use of a financial mechanism for multiple facilities. An owner or
operator may use a financial assurance mechanism specified in this section to
meet the requirements of this section for more than one injection well. Evidence
of financial assurance submitted to the Regional Administrator must include a
list showing, for each injection well, the EPA Identification Number, name,
address, and the amount of funds for plugging and abandonment assured by the
mechanism. If the injection wells covered by the mechanism are in more than one
Region, identical evidence of financial assurance must be submitted to and
maintained with the Regional Administrators of all such Regions. The amount of
funds available through the mechanism must be no less than the sum of funds that
would be available if a separate mechanism had been established and maintained
for each injection well. In directing funds available through the mechanism for
plugging and abandonment of any of the injection wells covered by the mechanism,
the Regional Administrator may direct only the amount of funds designated for
that injection well, unless the owner or operator agrees to use additional funds
available under the mechanism.
(i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner or
operator and an independent registered professional engineer that plugging and
abandonment has been accomplished in accordance with the plugging and
abandonment plan, the Regional Administrator will notify the owner or operator
in writing that he is no longer required by this section to maintain financial
assurance for plugging and abandonment of the injection well, unless the
Regional Administrator has reason to believe that plugging and abandonment has
not been in accordance with the plugging and abandonment plan.
