Section R. 29.2164 - Use of state-required mechanismRule 64. Section 280.100 is amended to read as adopted from the July 15, 2015, EPA-UST rules as follows:
Section 280.100 Use of state-required mechanism
(a) For underground storage tanks located in a state that does not have an approved program, and where the state requires owners or operators of underground storage tanks to demonstrate financial responsibility for taking corrective action and/or for compensating third parties for bodily injury and property damage, an O/O may use a state-required financial mechanism to meet the requirements of section 280.93 if the EPA regional administrator determines that the state mechanism is at least equivalent to the financial mechanisms specified in this subpart.(b) The regional administrator will evaluate the equivalency of a state required mechanism principally in terms of certainty of the availability of funds for taking corrective action and/or for compensating third parties; the amount of funds that will be made available; and the types of costs covered. The regional administrator may also consider other factors as is necessary.(c) The state, an O/O, or any other interested party may submit to the regional administrator a written petition requesting that 1 or more of the state-required mechanisms be considered acceptable for meeting the requirements of section 280.93. The submission shall include copies of the appropriate state statutory and regulatory requirements and shall show the amount of funds for corrective action and/or for compensating third parties assured by the mechanism(s). The regional administrator may require the petitioner to submit additional information as is deemed necessary to make this determination.(d) Any petition under this section may be submitted on behalf of all of the states underground storage tank owners and operators.(e) The regional administrator will notify the petitioner of his or her determination regarding the mechanisms acceptability in lieu of financial mechanisms specified in this subpart. Pending this determination, the owners and operators using such mechanisms are deemed to be in compliance with the requirements of section 280.93 for underground storage tanks located in the state for the amounts and types of costs covered by such mechanisms.Mich. Admin. Code R. 29.2164
1990 AACS; 2018 MR 21, Eff. 11/14/2018