Section 335.704 - Cost Estimate(a) The requirements of this section apply to owners or operators of reclamation and intermediate facilities managing hazardous secondary materials excluded under 40 Code of Federal Regulations (CFR) §261.4(a)(24).(b) The owner or operator must submit to the executive director a detailed written estimate, in current dollars, of the cost of disposing of any hazardous secondary material as listed or characteristic hazardous waste, and the potential cost of closing the facility as a treatment, storage, and disposal facility. The estimate must meet the following requirements: (1) the estimate must equal the cost of conducting the activities described in this subsection at the point when the extent and manner of the facility's operation would make these activities the most expensive; and(2) the cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct these activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator (See definition of "Parent corporation" in 40 CFR §265.141(d)). The owner or operator may use costs for on-site disposal in accordance with applicable requirements if the owner or operator can demonstrate that on-site disposal capacity will exist at all times over the life of the facility.(3) The cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous secondary materials, or hazardous or non-hazardous wastes if applicable under 40 CFR §265.113(d), facility structures or equipment, land, or other assets associated with the facility.(4) The owner or operator may not incorporate a zero cost for hazardous secondary materials, or hazardous or non-hazardous wastes if applicable under 40 CFR §265.113(d) that might have economic value.(c) During the active life of the facility, the owner or operator must adjust the cost estimate for inflation in accordance with the requirements of § 37.131 of this title (relating to Annual Inflation Adjustments to Closure Cost Estimates).(d) During the active life of the facility, the owner or operator must submit to the executive director a revised cost estimate no later than 30 days after a change in a facility's operating plan or design that would increase the costs of conducting the activities described in subsection (b) of this section or no later than 60 days after an unexpected event which increases the cost of conducting the activities described in subsection (b) of this section. The revised cost estimate must be adjusted for inflation as specified in subsection (c) of this section.(e) The owner or operator must keep the following at the facility during the operating life of the facility: (1) the latest cost estimate prepared in accordance with subsections (b) and (d) of this section; and(2) when this estimate has been adjusted in accordance with subsection (c) of this section, the latest adjusted cost estimate.30 Tex. Admin. Code § 335.704
Adopted by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4288, eff. 6/16/2016