Rule 63c. Section 280.95 is amended to read as adopted from the July 15, 2015, EPA-UST rules as follows:
Section 280.95.
LETTER FROM CHIEF FINANCIAL OFFICER
I am the chief financial officer of [insert: name and address of the owner or operator, or guarantor]. This letter is in support of the use of [insert: the financial test of self-insurance, and/or guarantee] to demonstrate financial responsibility for [insert: taking corrective action and/or compensating third parties for bodily injury and property damage] caused by [insert: sudden accidental releases and/or nonsudden accidental re-leases or "accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) UST(s).
USTs at the following facilities are assured by this financial test or a financial test under an authorized State program by this [insert: owner or operator, and/or guarantor]: [List for each facility: the name and address of the facility where tanks assured by this financial test are located, and whether tanks are assured by this financial test or a financial test under a State program approved under 40 C.F.R. part 281. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test or a financial test under a State program authorized under 40 C.F.R. part 281 by the tank identification number provided in the notification submitted pursuant to 40 C.F.R. part 280.22 or the corresponding State requirements.]
A [insert: financial test, and/or guarantee] is also used by this [insert: owner or operator, or guarantor] to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 C.F.R. parts 271 and 145:
EPA Regulations
Amount
Closure (section section 264.143 and 265.143) ..........................
Post-Closure Care (section section 264.145 and 265.145) .................
Liability Coverage (section section 264.147 and 265.147) ...............
Corrective Action (section subsection 264.101(b)) .........................
Plugging and Abandonment (section 144.63) .......................
Closure ...................................................
Post-Closure Care .........................................
Liability Coverage .......................................
Corrective Action .........................................
Plugging and Abandonment ..................................
Total .....................................................
This [insert: owner or operator, or guarantor] has not received an adverse opinion, a disclaimer of opinion, or a going concern qualification from an independent auditor on his financial statements for the latest completed fiscal year.
[Fill in the information for Alternative I if the criteria of subsection (b) of section 280.95 are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of subsection (c) of section 280.95 are being used to demonstrate compliance with the financial test requirements.]
Alternative I
$ ______
$ ______
Yes
No
Alternative II
$ ______
$ ______
$ ______
$ ______
Yes No
___ ___
[Fill in either lines 1215 or lines 1618:]
Yes No
Utilities Service? ___ ___
[If No, please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines 4-18 above and the financial statements for the latest fiscal year.]
[For both Alternative I and Alternative II complete the certification with this statement.]
I hereby certify that the wording of this letter is identical to the wording specified in 40 C.F.R. part 280.95(d) as such regulations were constituted on the date shown immediately below.
[Signature]
[Name]
[Title]
[Date]
Mich. Admin. Code R. 29.2163c