SECTION 352.1111. Exceptions

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."

Source Note: The provisions of this §352.1111 adopted to be effective May 28, 2020, 45 TexReg 3464