occurrences is being demonstrated through the financial test specified
in subpart H of 40 CFR parts 264 and 265:____

The firm identified above guarantees, through the guarantee specified in
subpart H of 40 CFR parts 264 and 265, liability coverage for [insert
“sudden” or “nonsudden” or “both sudden and nonsudden”]
accidental occurrences at the following facilities owned or operated by
the following: ____. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or
operator; (2) owned by the same parent corporation as the parent
corporation of the owner or operator, and receiving the following value
in consideration of this guarantee ____; or (3) engaged in the following
substantial business relationship with the owner or operator ____, and
receiving the following value in consideration of this guarantee ____].
[Attach a written description of the business relationship or a copy of
the contract establishing such relationship to this letter.]

[If you are using the financial test to demonstrate coverage of both
liability and costs assured under §261.143(e) or closure or
post-closure care costs under 40 CFR 264.143, 264.145, 265.143 or
265.145, fill in the following nine paragraphs regarding facilities and
associated cost estimates.  If there are no facilities that belong in a
particular paragraph, write “None” in the space indicated.  For each
facility, include its EPA identification number (if any issued), name,
address, and current cost estimates.]

1.  This firm is the owner or operator of the following facilities for
which financial assurance is demonstrated through the financial test
specified in subpart H of 40 CFR 261.  The current cost estimates
covered by the test are shown for each facility: ____________.

2.  This firm guarantees, through the guarantee specified in subpart H
of 40 CFR part 261, the following facilities owned or operated by the
guaranteed party.  The current cost estimates so guaranteed are shown
for each facility:  ___________.   The firm identified above is [insert
one or more: (1) The direct or higher-tier parent corporation of the
owner or operator; (2) owned by the same parent corporation as the
parent corporation of the owner or operator, and receiving the following
value in consideration of this guarantee ___________, or (3) engaged in
the following substantial business relationship with the owner or
operator _________, and receiving the following value in consideration
of this guarantee_______].  [Attach a written description of the
business relationship or a copy of the contract establishing such
relationship to this letter].

3.  In States where EPA is not administering the financial requirements
of subpart H of 40 CFR part 261, this firm, as owner or operator or
guarantor, is demonstrating financial assurance for the following
facilities through the use of a test equivalent or substantially
equivalent to the financial test specified in subpart H of 40 CFR part
261.  The current cost estimates covered by such a test are shown for
each facility:________.

4.  This firm is the owner or operator of the following hazardous
secondary materials management facilities for which financial assurance
is not demonstrated either to EPA or a State through the financial test
or any other financial assurance mechanism specified in subpart H of 40
CFR part 261or equivalent or substantially equivalent State mechanisms.
The current cost estimates not covered by such financial assurance are
shown for each facility: _________.

5.  This firm is the owner or operator of the following UIC facilities
for which financial assurance for plugging and abandonment is required
under part 144.  The current closure cost estimates as required by 40
CFR 144.62 are shown for each facility:_______.

6. This firm is the owner or operator of the following facilities for
which financial assurance for closure or post-closure care is
demonstrated through the financial test specified in subpart H of 40 CFR
parts 264 and 265. The current closure and/or post-closure cost
estimates covered by the test are shown for each facility: ____.

7. This firm guarantees, through the guarantee specified in subpart H of
40 CFR parts 264 and 265, the closure or post-closure care of the
following facilities owned or operated by the guaranteed party. The
current cost estimates for the closure or post-closure care so
guaranteed are shown for each facility: ____. The firm identified above
is [insert one or more: (1) The direct or higher-tier parent corporation
of the owner or operator; (2) owned by the same parent corporation as
the parent corporation of the owner or operator, and receiving the
following value in consideration of this guarantee ____; or (3) engaged
in the following substantial business relationship with the owner or
operator ____, and receiving the following value in consideration of
this guarantee ____]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to
this letter].

8. In States where EPA is not administering the financial requirements
of subpart H of 40 CFR part 264 or 265, this firm, as owner or operator
or guarantor, is demonstrating financial assurance for the closure or
post-closure care of the following facilities through the use of a test
equivalent or substantially equivalent to the financial test specified
in subpart H of 40 CFR parts 264 and 265. The current closure and/or
post-closure cost estimates covered by such a test are shown for each
facility: ____.

9. This firm is the owner or operator of the following hazardous waste
management facilities for which financial assurance for closure or, if a
disposal facility, post-closure care, is not demonstrated either to EPA
or a State through the financial test or any other financial assurance
mechanism specified in subpart H of 40 CFR parts 264 and 265 or
equivalent or substantially equivalent State mechanisms. The current
closure and/or post-closure cost estimates not covered by such financial
assurance are shown for each facility: ____.

This firm [insert “is required” or “is not required”] to file a
Form 10K with the Securities and Exchange Commission (SEC) for the
latest fiscal year.

The fiscal year of this firm ends on [month, day].  The figures for the
following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].

Part A.  Liability Coverage for Accidental Occurrences

[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of Sec.
261.147 are used.  Fill in Alternative II if the criteria of paragraph
(f)(1)(ii) of Sec. 261.147 are used.]

Alternative I

1.  Amount of annual aggregate liability coverage to be demonstrated
$_______-.

*2.  Current assets $_______-.

*3.  Current liabilities $_______-.

4.  Net working capital (line 2 minus line 3) $_______-.

*5.  Tangible net worth $_______-.

*6.  If less than 90% of assets are located in the U.S., give total U.S.
assets $_______-.

7.  Is line 5 at least $10 million? (Yes/No) _______-.

8.  Is line 4 at least 6 times line 1? (Yes/No) _______-.

9.  Is line 5 at least 6 times line 1? (Yes/No) _______-.

*10.  Are at least 90% of assets located in the U.S.? (Yes/No) _______.
If not, complete line 11.

11.  Is line 6 at least 6 times line 1? (Yes/No) _______-.

Alternative II

1,  Amount of annual aggregate liability coverage to be demonstrated
$_______-.

2.  Current bond rating of most recent issuance and name of rating
service _______- _______-.

3.  Date of issuance of bond ______________--.

4.  Date of maturity of bond ______________--.

*5.  Tangible net worth $_______-.

*6.  Total assets in U.S. (required only if less than 90% of assets are
located in the U.S.) $_______-.

7.  Is line 5 at least $10 million? (Yes/No) _______-.

8. Is line 5 at least 6 times line 1? _______-.

9.  Are at least 90% of assets located in the U.S.? If not, complete
line 10.  (Yes/No) -----.

10.  Is line 6 at least 6 times line 1? _______-.

[Fill in part B if you are using the financial test to demonstrate
assurance of both liability coverage and costs assured under
§261.143(e) or closure or post-closure care costs under 40 CFR 264.143,
264.145, 265.143 or 265.145.]

Part B.  Facility Care and Liability Coverage

[Fill in Alternative I if the criteria of paragraphs (e)(1)(i) of Sec.
261.143 and (f)(1)(i) of Sec. 261.147are.  Fill in Alternative II if the
criteria of paragraphs (e)(1)(ii) of Sec. 261.143 and (f)(1)(ii) of Sec.
261.147are used.]

Alternative I

1.  Sum of current cost estimates (total of all cost estimates listed
above) $_______-

2.  Amount of annual aggregate liability coverage to be demonstrated
$_______-

3.  Sum of lines 1 and 2 $_______

*4.  Total liabilities (if any portion of your cost estimates is
included in your total liabilities, you may deduct that portion from
this line and add that amount to lines 5 and 6) $_______-

*5.  Tangible net worth $_______

*6.  Net worth $_______-

*7.  Current assets $_______

*8.  Current liabilities $_______

9.  Net working capital (line 7 minus line 8) $_______

*10.  The sum of net income plus depreciation, depletion, and
amortization $_______-

*11.  Total assets in U.S. (required only if less than 90% of assets are
located in the U.S.) $_______

12.  Is line 5 at least $10 million? (Yes/No)

13.  Is line 5 at least 6 times line 3? (Yes/No)

14.  Is line 9 at least 6 times line 3? (Yes/No)

*15.  Are at least 90% of assets located in the U.S.? (Yes/No) If not,
complete line 16.

16.  Is line 11 at least 6 times line 3? (Yes/No)

17.  Is line 4 divided by line 6 less than 2.0? (Yes/No)

18.  Is line 10 divided by line 4 greater than 0.1? (Yes/No)

19.  Is line 7 divided by line 8 greater than 1.5? (Yes/No)

Alternative II

1.  Sum of current cost estimates (total of all cost estimates listed
above) $_______-

2.  Amount of annual aggregate liability coverage to be demonstrated
$_______-

3.  Sum of lines 1 and 2 $_______

4.  Current bond rating of most recent issuance and name of rating
service _______- _______-

5.  Date of issuance of bond ______________--

6.  Date of maturity of bond ______________--

*7.  Tangible net worth (if any portion of the cost estimates is
included in “total liabilities” on your financial statements you may
add that portion to this line) $_______-

*8.  Total assets in the U.S. (required only if less than 90% of assets
are located in the U.S.) $_______-

9.  Is line 7 at least $10 million? (Yes/No)

10.  Is line 7 at least 6 times line 3? (Yes/No)

*11.  Are at least 90% of assets located in the U.S.? (Yes/No) If not
complete line 12.

12.  Is line 8 at least 6 times line 3? (Yes/No)

I hereby certify that the wording of this letter is identical to the
wording specified in 40 CFR 261.151(f) as such regulations were
constituted on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

(g)(1) A corporate guarantee, as specified in §261.143(e) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:

Corporate Guarantee for Facility Care

Guarantee made this [date] by [name of guaranteeing entity], a business
corporation organized under the laws of the State of [insert name of
State], herein referred to as guarantor.  This guarantee is made on
behalf of the [owner or operator] of [business address], which is [one
of the following: “our subsidiary”; “a subsidiary of [name and
address of common parent corporation], of which guarantor is a
subsidiary”; or “an entity with which guarantor has a substantial
business relationship, as defined in 40 CFR 264.141(h) and 265.141(h)”
to the United States Environmental Protection Agency (EPA).

Recitals

1.  Guarantor meets or exceeds the financial test criteria and agrees to
comply with the reporting requirements for guarantors as specified in 40
CFR 261.143(e).

2.  [Owner or operator] owns or operates the following facility(ies)
covered by this guarantee: [List for each facility: EPA Identification
Number (if any issued), name, and address.

3.  “Closure plans” as used below refer to the plans maintained as
required by subpart H of 40 CFR part 261 for the care of facilities as
identified above.

4.  For value received from [owner or operator], guarantor guarantees
that in the event of a determination by the Regional Administrator that
the hazardous secondary materials at the owner or operator’s facility
covered by this guarantee do not meet the conditions of the exclusion
under §261.4(a)(24), the guarantor will dispose of any hazardous
secondary material as hazardous waste, and close the facility in
accordance with closure requirements found in parts 264 or 265 of this
chapter, as applicable,  or establish a trust fund as specified in
§ 261.143(a) in the name of the owner or operator in the amount of the
current cost estimate.

5.  Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator(s) for the Region(s) in which
the facility(ies) is(are) located and to [owner or operator] that he
intends to provide alternate financial assurance as specified in subpart
H of 40 CFR part261, as applicable, in the name of [owner or operator].
Within 120 days after the end of such fiscal year, the guarantor shall
establish such financial assurance unless [owner or operator] has done
so.

6.  The guarantor agrees to notify the EPA Regional Administrator by
certified mail, of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.

7.  Guarantor agrees that within 30 days after being notified by an EPA
Regional Administrator of a determination that guarantor no longer meets
the financial test criteria or that he is disallowed from continuing as
a guarantor, he shall establish alternate financial assurance as
specified in of 40 CFR parts264, 265, or subpart H of 40 CFR part 261,
as applicable, in the name of [owner or operator] unless [owner or
operator] has done so.

8.  Guarantor agrees to remain bound under this guarantee
notwithstanding any or all of the following: amendment or modification
of the closure plan, the extension or reduction of the time of
performance, or any other modification or alteration of an obligation of
the owner or operator pursuant to 40 CFR parts 264, 265, or Subpart H of
40 CFR part 261.

9.  Guarantor agrees to remain bound under this guarantee for as long as
[owner or operator] must comply with the applicable financial assurance
requirements of 40 CFR parts 264 and 265 or  the financial assurance
condition of 40 CFR 261.4(a)(24)(v)(F) for the above-listed facilities,
except as provided in paragraph 10 of this agreement.

10.  [Insert the following language if the guarantor is (a) a direct or
higher-tier corporate parent, or (b) a firm whose parent corporation is
also the parent corporation of the owner or operator]:

Guarantor may terminate this guarantee by sending notice by certified
mail to the EPA Regional Administrator(s) for the Region(s) in which the
facility(ies) is(are) located and to [owner or operator], provided that
this guarantee may not be terminated unless and until [the owner or
operator] obtains, and the EPA Regional Administrator(s) approve(s),
alternate coverage complying with 40 CFR 261.143.

[Insert the following language if the guarantor is a firm qualifying as
a guarantor due to its “substantial business relationship” with the
owner or operator]

Guarantor may terminate this guarantee 120 days following the receipt of
notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].

11.  Guarantor agrees that if [owner or operator] fails to provide
alternate financial assurance as specified in 40 CFR parts 264, 265, or
subpart H of 40 CFR 261, as applicable, and obtain written approval of
such assurance from the EPA Regional Administrator(s) within 90 days
after a notice of cancellation by the guarantor is received by an EPA
Regional Administrator from guarantor, guarantor shall provide such
alternate financial assurance in the name of [owner or operator].

12.  Guarantor expressly waives notice of acceptance of this guarantee
by the EPA or by [owner or operator].  Guarantor also expressly waives
notice of amendments or modifications of the closure plan and of
amendments or modifications of the applicable requirements of 40 CFR
parts 264, 265, or subpart H of 40 CFR 261.

I hereby certify that the wording of this guarantee is identical to the
wording specified in 40 CFR 261.151(g)(1) as such regulations were
constituted on the date first above written.

Effective date:_________________________________________________________

[Name of guarantor]_____________________________________________________

[Authorized signature for guarantor]____________________________________

[Name of person signing]________________________________________________

[Title of person signing]_______________________________________________

Signature of witness or notary:_________________________________________

(2) A guarantee, as specified in Sec. 261.147(g) of this chapter, must
be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:

Guarantee for Liability Coverage

Guarantee made this [date] by [name of guaranteeing entity], a business
corporation organized under the laws of [if incorporated within the
United States insert “the State of _______-” and insert name of
State; if incorporated outside the United States insert the name of the
country in which incorporated, the principal place of business within
the United States, and the name and address of the registered agent in
the State of the principal place of business], herein referred to as
guarantor.  This guarantee is made on behalf of [owner or operator] of
[business address], which is one of the following: “our subsidiary;”
“a subsidiary of [name and address of common parent corporation], of
which guarantor is a subsidiary;” or “an entity with which guarantor
has a substantial business relationship, as defined in 40 CFR [either
264.141(h) or 265.141(h)]”, to any and all third parties who have
sustained or may sustain bodily injury or property damage caused by
[sudden and/or nonsudden] accidental occurrences arising from operation
of the facility(ies) covered by this guarantee.

Recitals

1.  Guarantor meets or exceeds the financial test criteria and agrees to
comply with the reporting requirements for guarantors as specified in 40
CFR 261.147(g).

2.  [Owner or operator] owns or operates the following   facility(ies)
covered by this guarantee: [List for each facility: EPA identification
number (if any issued), name, and address; and if guarantor is
incorporated outside the United States list the name and address of the
guarantor's registered agent in each State.] This corporate guarantee
satisfies RCRA third-party liability requirements for [insert
“sudden” or “nonsudden” or “both sudden and nonsudden”]
accidental occurrences in above-named owner or operator facilities for
coverage in the amount of [insert dollar amount] for each occurrence and
[insert dollar amount] annual aggregate.

3.  For value received from [owner or operator], guarantor guarantees to
any and all third parties who have sustained or may sustain bodily
injury or property damage caused by [sudden and/or nonsudden] accidental
occurrences arising from operations of the facility(ies) covered by this
guarantee that in the event that [owner or operator] fails to satisfy a
judgment or award based on a determination of liability for bodily
injury or property damage to third parties caused by [sudden and/or
nonsudden] accidental occurrences, arising from the operation of the
above-named facilities, or fails to pay an amount agreed to in
settlement of a claim arising from or alleged to arise from such injury
or damage, the guarantor will satisfy such judgment(s), award(s) or
settlement agreement(s) up to the limits of coverage identified above.

4.  Such obligation does not apply to any of the following:

(a) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement.  This exclusion does not apply to
liability for damages that [insert owner or operator] would be obligated
to pay in the absence of the contract or agreement.

(b) Any obligation of [insert owner or operator] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.

(c) Bodily injury to:

(1) An employee of [insert owner or operator] arising from, and in the
course of, employment by [insert owner or operator]; or

(2) The spouse, child, parent, brother, or sister of that employee as a
consequence of, or arising from, and in the course of employment by
[insert owner or operator].  This exclusion applies:

(A) Whether [insert owner or operator] may be liable as an employer or
in any other capacity; and

(B) To any obligation to share damages with or repay another person who
must pay damages because of the injury to persons identified in
paragraphs (1) and (2).

(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.

(e) Property damage to:

(1) Any property owned, rented, or occupied by [insert owner or
operator];

(2) Premises that are sold, given away or abandoned by [insert owner or
operator] if the property damage arises out of any part of those
premises;

(3) Property loaned to [insert owner or operator];

(4) Personal property in the care, custody or control of [insert owner
or operator];

(5) That particular part of real property on which [insert owner or
operator] or any contractors or subcontractors working directly or
indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations.

5.  Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator[s] for the Region[s] in which
the facility[ies] is[are] located and to [owner or operator] that he
intends to provide alternate liability coverage as specified in 40 CFR
261.147, as applicable, in the name of [owner or operator].  Within 120
days after the end of such fiscal year, the guarantor shall establish
such liability coverage unless [owner or operator] has done so.

6.  The guarantor agrees to notify the EPA Regional Administrator by
certified mail of a voluntary or involuntary proceeding under title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.

 Guarantor agrees that within 30 days after being notified by an EPA
Regional Administrator of a determination that guarantor no longer meets
the financial test criteria or that he is disallowed from continuing as
a guarantor, he shall establish alternate liability coverage as
specified in 40 CFR 261.147 in the name of [owner or operator], unless
[owner or operator] has done so.

7.  Guarantor reserves the right to modify this agreement to take into
account amendment or modification of the liability requirements set by
40 CFR 261.147, provided that such modification shall become effective
only if a Regional Administrator does not disapprove the modification
within 30 days of receipt of notification of the modification.

8.  Guarantor agrees to remain bound under this guarantee for so long as
[owner or operator] must comply with the applicable requirements of 40
CFR 261.147 for the above-listed facility(ies), except as provided in
paragraph 10 of this agreement.

9.  [Insert the following language if the guarantor is (a) a direct or
higher-tier corporate parent, or (b) a firm whose parent corporation is
also the parent corporation of the owner or operator]:

10.  Guarantor may terminate this guarantee by sending notice by
certified mail to the EPA Regional Administrator(s) for the Region(s) in
which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the
owner or operator] obtains, and the EPA Regional Administrator(s)
approve(s), alternate liability coverage complying with 40 CFR 261.147.

[Insert the following language if the guarantor is a firm qualifying as
a guarantor due to its “substantial business relationship” with the
owner or operator]:

Guarantor may terminate this guarantee 120 days following receipt of
notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].

11.  Guarantor hereby expressly waives notice of acceptance of this
guarantee by any party.

12.  Guarantor agrees that this guarantee is in addition to and does not
affect any other responsibility or liability of the guarantor with
respect to the covered facilities.

13.  The Guarantor shall satisfy a third-party liability claim only on
receipt of one of the following documents:

(a) Certification from the Principal and the third-party claimant(s)
that the liability claim should be paid.  The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert Principal] and [insert name and
address of third-party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Principal's]   facility
should be paid in the amount of $ .

[Signatures]____________________________________________________________

Principal_______________________________________________________________

(Notary) Date___________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________

(Notary) Date___________________________________________________________

(b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.

14.  In the event of combination of this guarantee with another
mechanism to meet liability requirements, this guarantee will be
considered [insert “primary” or “excess”] coverage.

I hereby certify that the wording of the guarantee is identical to the
wording specified in 40 CFR 261.151(g)(2) as such regulations were
constituted on the date shown immediately below.

Effective date:_________________________________________________________

[Name of guarantor]_____________________________________________________

[Authorized signature for guarantor]____________________________________

[Name of person signing]________________________________________________

[Title of person signing]_______________________________________________

Signature of witness or notary:_________________________________________

(h) A hazardous waste facility liability endorsement as required
§261.147 must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Liability
Endorsement

1.  This endorsement certifies that the policy to which the endorsement
is attached provides liability insurance covering bodily injury and
property damage in connection with the insured's obligation to
demonstrate financial responsibility under 40 CFR 261.147.  The coverage
applies at [list EPA Identification Number (if any issued), name, and
address for each facility] for [insert “sudden accidental
occurrences,” “nonsudden accidental occurrences,” or “sudden and
nonsudden accidental occurrences”; if coverage is for multiple
facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences,
which are insured for nonsudden accidental occurrences, and which are
insured for both].  The limits of liability are [insert the dollar
amount of the “each occurrence” and “annual aggregate” limits of
the Insurer's liability], exclusive of legal defense costs.

2.  The insurance afforded with respect to such occurrences is subject
to all of the terms and conditions of the policy; provided, however,
that any provisions of the policy inconsistent with subsections (a)
through (e) of this Paragraph 2 are hereby amended to conform with
subsections (a) through (e):

(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy to which this endorsement is
attached.

(b) The Insurer is liable for the payment of amounts within any
deductible applicable to the policy, with a right of reimbursement by
the insured for any such payment made by the Insurer.  This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 261.147(f).

(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.

(d) Cancellation of this endorsement, whether by the Insurer, the
insured, a parent corporation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the  facility,
will be effective only upon written notice and only after the expiration
of 60 days after a copy of such written notice is received by the
Regional Administrator(s) of the EPA Region(s) in which the
facility(ies) is(are) located.

(e) Any other termination of this endorsement will be effective only
upon written notice and only after the expiration of thirty (30) days
after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is
(are) located.

Attached to and forming part of policy No.  ------ issued by [name of
Insurer], herein called the Insurer, of [address of Insurer] to [name of
insured] of [address] this ______________ day of ______________, 19----.
 The effective date of said policy is _______----- day of
______________, 19----.

I hereby certify that the wording of this endorsement is identical to
the wording specified in 40 CFR 261.151(h) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.

[Signature of Authorized Representative of Insurer]

[Type name]

[Title], Authorized Representative of [name of Insurer]

[Address of Representative]

(i) A certificate of liability insurance as required in §261.147 must
be worded as follows, except that the instructions in brackets are to be
replaced with the relevant information and the brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate  Facility
Certificate of Liability Insurance

1.  [Name of Insurer], (the “Insurer”), of [address of Insurer]
hereby certifies that it has issued liability insurance covering bodily
injury and property damage to [name of insured], (the “insured”), of
[address of insured] in connection with the insured's obligation to
demonstrate financial responsibility under 40parts 264, 265, and the
financial assurance condition of 40 CFR 261.4(a)(24)(v)(F)..  The
coverage applies at [list EPA Identification Number (if any issued),
name, and address for each facility] for [insert “sudden accidental
occurrences,” “nonsudden accidental occurrences,” or “sudden and
nonsudden accidental occurrences”; if coverage is for multiple
facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences,
which are insured for nonsudden accidental occurrences, and which are
insured for both].  The limits of liability are [insert the dollar
amount of the “each occurrence” and “annual aggregate” limits of
the Insurer's liability], exclusive of legal defense costs.  The
coverage is provided under policy number ------, issued on [date].  The
effective date of said policy is [date].

2.  The Insurer further certifies the following with respect to the
insurance described in Paragraph 1:

(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy.

(b) The Insurer is liable for the payment of amounts within any
deductible applicable to the policy, with a right of reimbursement by
the insured for any such payment made by the Insurer.  This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 261.147.

(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.

(d) Cancellation of the insurance, whether by the insurer, the insured,
a parent corporation providing insurance coverage for its subsidiary, or
by a firm having an insurable interest in and obtaining liability
insurance on behalf of the owner or operator of the hazardous waste
management facility, will be effective only upon written notice and only
after the expiration of 60 days after a copy of such written notice is
received by the Regional Administrator(s) of the EPA Region(s) in which
the facility(ies) is(are) located.

(e) Any other termination of the insurance will be effective only upon
written notice and only after the expiration of thirty (30) days after a
copy of such written notice is received by the Regional Administrator(s)
of the EPA Region(s) in which the facility(ies) is (are) located.

I hereby certify that the wording of this instrument is identical to the
wording specified in 40 CFR 261.151(i) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.

[Signature of authorized representative of Insurer]

[Type name]

[Title], Authorized Representative of [name of Insurer]

[Address of Representative]

(j) A letter of credit, as specified in Sec. 261.147(h) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:

Irrevocable Standby Letter of Credit

Name and Address of Issuing Institution_________________________________

Regional Administrator(s)_______________________________________________

Region(s)_______________________________________________________________

U.S. Environmental Protection Agency____________________________________

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of
Credit No.  _______----- in the favor of [“any and all third-party
liability claimants” or insert name of trustee of the standby trust
fund], at the request and for the account of [owner or operator's name
and address] for third-party liability awards or settlements up to [in
words] U.S. dollars $_______----- per occurrence and the annual
aggregate amount of [in words] U.S. dollars $_______-----, for sudden
accidental occurrences and/or for third-party liability awards or
settlements up to the amount of [in words] U.S. dollars $_______-----
per occurrence, and the annual aggregate amount of [in words] U.S.
dollars $_______-----, for nonsudden accidental occurrences available
upon presentation of a sight draft bearing reference to this letter of
credit No.  _______-----, and [insert the following language if the
letter of credit is being used without a standby trust fund: (1) a
signed certificate reading as follows:

Certificate of Valid Claim

The undersigned, as parties [insert principal] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operations of [principal's]
facility should be paid in the amount of $[ ].  We hereby certify that
the claim does not apply to any of the following:

(a) Bodily injury or property damage for which [insert principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.  This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence
of the contract or agreement.

(b) Any obligation of [insert principal] under a workers' compensation,
disability benefits, or unemployment compensation law or any similar
law.

(c) Bodily injury to:

(1) An employee of [insert principal] arising from, and in the course
of, employment by [insert principal]; or

(2) The spouse, child, parent, brother or sister of that employee as a
consequence of, or arising from, and in the course of employment by
[insert principal].

This exclusion applies:

(A) Whether [insert principal] may be liable as an employer or in any
other capacity; and

(B) To any obligation to share damages with or repay another person who
must pay damages because of the injury to persons identified in
paragraphs (1) and (2).

(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.

(e) Property damage to:

(1) Any property owned, rented, or occupied by [insert principal];

(2) Premises that are sold, given away or abandoned by [insert
principal] if the property damage arises out of any part of those
premises;

(3) Property loaned to [insert principal];

(4) Personal property in the care, custody or control of [insert
principal];

(5) That particular part of real property on which [insert principal] or
any contractors or subcontractors working directly or indirectly on
behalf of [insert principal] are performing operations, if the property
damage arises out of these operations.

[Signatures]____________________________________________________________

Grantor_________________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________

or (2) a valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.]

This letter of credit is effective as of [date] and shall expire on
[date at least one year later], but such expiration date shall be
automatically extended for a period of [at least one year] on [date and
on each successive expiration date, unless, at least 120 days before the
current expiration date, we notify you, the USEPA Regional Administrator
for Region [Region ], and [owner's or operator's name] by certified mail
that we have decided not to extend this letter of credit beyond the
current expiration date.

Whenever this letter of credit is drawn on under and in compliance with
the terms of this credit, we shall duly honor such draft upon
presentation to us.

[Insert the following language if a standby trust fund is not being
used: “In the event that this letter of credit is used in combination
with another mechanism for liability coverage, this letter of credit
shall be considered [insert “primary” or “excess” coverage].”

We certify that the wording of this letter of credit is identical to the
wording specified in 40 CFR 261.151(j) as such regulations were
constituted on the date shown immediately below.  [Signature(s) and
title(s) of official(s) of issuing institution] [Date].

This credit is subject to [insert “the most recent edition of the
Uniform Customs and Practice for Documentary Credits, published and
copyrighted by the International Chamber of Commerce,” or “the
Uniform Commercial Code”].

(k) A surety bond, as specified in Sec.  261.147(i) of this chapter,
must be worded as follows: except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:

Payment Bond

Surety Bond No.  [Insert number]

Parties [Insert name and address of owner or operator], Principal,
incorporated in [Insert State of incorporation] of [Insert city and
State of principal place of business] and [Insert name and address of
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place
of business].

EPA Identification Number (if any issued), name, and address for each
facility guaranteed by this bond: _______

________________________________________________________________________
________________________________________-----

		Nonsudden

	Sudden accidental	accidental

	      occurrences	occurrences

________________________________________________________________________
________________________________________-----

Penal Sum Per Occurrence........	   [insert amount]	[insert amount]

Annual Aggregate......................	   [insert amount]	[insert
amount]

________________________________________________________________________
________________________________________-----

Purpose:  This is an agreement between the Surety(ies) and the Principal
under which the Surety(ies), its(their) successors and assignees, agree
to be responsible for the payment of claims against the Principal for
bodily injury and/or property damage to third parties caused by
[“sudden” and/or “nonsudden”] accidental occurrences arising
from operations of the facility or group of facilities in the sums
prescribed herein; subject to the governing provisions and the following
conditions.

Governing Provisions:

(1) Section 3004 of the Resource Conservation and Recovery Act of 1976,
as amended.

(2) Rules and regulations of the U.S. Environmental Protection Agency
(EPA), particularly 40 CFR parts 264, 265, and Subpart H of 40 CFR part
261 (if applicable).

(3) Rules and regulations of the governing State agency (if applicable)
[insert citation].

Conditions:

(1) The Principal is subject to the applicable governing provisions that
require the Principal to have and maintain liability coverage for bodily
injury and property damage to third parties caused by [“sudden”
and/or “nonsudden”] accidental occurrences arising from operations
of the facility or group of facilities.  Such obligation does not apply
to any of the following:

(a) Bodily injury or property damage for which [insert Principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.  This exclusion does not apply to liability for
damages that [insert Principal] would be obligated to pay in the absence
of the contract or agreement.

(b) Any obligation of [insert Principal] under a workers' compensation,
disability benefits, or unemployment compensation law or similar law.

(c) Bodily injury to:

(1) An employee of [insert Principal] arising from, and in the course
of, employment by [insert principal]; or

(2) The spouse, child, parent, brother or sister of that employee as a
consequence of, or arising from, and in the course of employment by
[insert Principal].  This exclusion applies:

(A) Whether [insert Principal] may be liable as an employer or in any
other capacity; and

(B) To any obligation to share damages with or repay another person who
must pay damages because of the injury to persons identified in
paragraphs (1) and (2).

(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.

(e) Property damage to:

(1) Any property owned, rented, or occupied by [insert Principal];

(2) Premises that are sold, given away or abandoned by [insert
Principal] if the property damage arises out of any part of those
premises;

(3) Property loaned to [insert Principal];

(4) Personal property in the care, custody or control of [insert
Principal];

(5) That particular part of real property on which [insert Principal] or
any contractors or subcontractors working directly or indirectly on
behalf of [insert Principal] are performing operations, if the property
damage arises out of these operations.

(2) This bond assures that the Principal will satisfy valid third party
liability claims, as described in condition 1.

(3) If the Principal fails to satisfy a valid third party liability
claim, as described above, the Surety(ies) becomes liable on this bond
obligation.

(4) The Surety(ies) shall satisfy a third party liability claim only
upon the receipt of one of the following documents:

(a) Certification from the Principal and the third party claimant(s)
that the liability claim should be paid.  The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert name of Principal] and [insert name
and address of third party claimant(s)], hereby certify that the claim
of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidental occurrence arising from operating [Principal's]
facility should be paid in the amount of $[ ].

[Signature]

Principal

[Notary] Date

[Signature(s)]

Claimant(s)

[Notary] Date

or (b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.

(5) In the event of combination of this bond with another mechanism for
liability coverage, this bond will be considered [insert “primary”
or “excess”] coverage.

(6) The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond.  In no event shall the obligation of the Surety(ies) hereunder
exceed the amount of said annual aggregate penal sum, provided that the
Surety(ies) furnish(es) notice to the Regional Administrator forthwith
of all claims filed and payments made by the Surety(ies) under this
bond.

(7) The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal and the USEPA Regional
Administrator for Region [Region ], provided, however, that cancellation
shall not occur during the 120 days beginning on the date of receipt of
the notice of cancellation by the Principal and the Regional
Administrator, as evidenced by the return receipt.

(8) The Principal may terminate this bond by sending written notice to
the Surety(ies) and to the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.

(9) The Surety(ies) hereby waive(s) notification of amendments to
applicable laws, statutes, rules and regulations and agree(s) that no
such amendment shall in any way alleviate its (their) obligation on this
bond.

(10) This bond is effective from [insert date] (12:01 a.m., standard
time, at the address of the Principal as stated herein) and shall
continue in force until terminated as described above.

In Witness Whereof, the Principal and Surety(ies) have executed this
Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are
authorized to execute this surety bond on behalf of the Principal and
Surety(ies) and that the wording of this surety bond is identical to the
wording specified in 40 CFR261.151(k), as such regulations were
constituted on the date this bond was executed.

PRINCIPAL

[Signature(s)]

[Name(s)]

[Title(s)]

[Corporate Seal]

CORPORATE SURETY[IES]

[Name and address]

State of
incorporation:___________________________________________________

Liability Limit:
$______________________________________________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]

Bond premium:
$_________________________________________________________

(l)(1) A trust agreement, as specified in Sec. 261.147(j) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:

Trust Agreement

Trust Agreement, the “Agreement,” entered into as of [date] by and
between [name of the owner or operator] a [name of State] [insert
“corporation,” “partnership,” “association,” or
“proprietorship”], the “Grantor,” and [name of corporate
trustee], [insert, “incorporated in the State of _______-” or “a
national bank”], the “trustee.”

Whereas, the United States Environmental Protection Agency, “EPA,”
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator  must demonstrate financial responsibility for bodily injury
and property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility
or group of facilities.

Whereas, the Grantor has elected to establish a trust to assure all or
part of such financial responsibility for the facilities identified
herein.

Whereas, the Grantor, acting through its duly authorized officers, has
selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1.  Definitions.  As used in this Agreement:

(a) The term “Grantor” means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.

(b) The term “Trustee” means the Trustee who enters into this
Agreement and any successor Trustee.

Section 2.  Identification of Facilities.  This agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number (if any issued), name,
and address of the facility(ies) and the amount of liability coverage,
or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement].

Section 3.  Establishment of Fund.  The Grantor and the Trustee hereby
establish a trust fund, hereinafter the “Fund,” for the benefit of
any and all third parties injured or damaged by [sudden and/or
nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee, in the amounts of _______-----
[up to $1 million] per occurrence and _______----- [up to $2 million]
annual aggregate for sudden accidental occurrences and _______----- [up
to $3 million] per occurrence and _______----- [up to $6 million] annual
aggregate for nonsudden occurrences, except that the Fund is not
established for the benefit of third parties for the following:

(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.  This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.

(b) Any obligation of [insert Grantor] under a workers' compensation,
disability benefits, or unemployment compensation law or any similar
law.

(c) Bodily injury to:

(1) An employee of [insert Grantor] arising from, and in the course of,
employment by [insert Grantor]; or

(2) The spouse, child, parent, brother or sister of that employee as a
consequence of, or arising from, and in the course of employment by
[insert Grantor].

This exclusion applies:

(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and

(B) To any obligation to share damages with or repay another person who
must pay damages because of the injury to persons identified in
paragraphs (1) and (2).

(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.

(e) Property damage to:

(1) Any property owned, rented, or occupied by [insert Grantor];

(2) Premises that are sold, given away or abandoned by [insert Grantor]
if the property damage arises out of any part of those premises;

(3) Property loaned to [insert Grantor];

(4) Personal property in the care, custody or control of [insert
Grantor];

(5) That particular part of real property on which [insert Grantor] or
any contractors or subcontractors working directly or indirectly on
behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.

In the event of combination with another mechanism for liability
coverage, the Fund shall be considered [insert “primary” or
“excess”] coverage.

The Fund is established initially as consisting of the property, which
is acceptable to the Trustee, described in Schedule B attached hereto.
Such property and any other property subsequently transferred to the
Trustee is referred to as the Fund, together with all earnings and
profits thereon, less any payments or distributions made by the Trustee
pursuant to this Agreement.  The Fund shall be held by the Trustee, IN
TRUST, as hereinafter provided.  The Trustee shall not be responsible
nor shall it undertake any responsibility for the amount or adequacy of,
nor any duty to collect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by EPA.

Section 4.  Payment for Bodily Injury or Property Damage.  The Trustee
shall satisfy a third party liability claim by making payments from the
Fund only upon receipt of one of the following documents;

(a) Certification from the Grantor and the third party claimant(s) that
the liability claim should be paid.  The certification must be worded as
follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] facility or
group of facilities should be paid in the amount of $[ ].

[Signatures]

Grantor

[Signatures]

Claimant(s)

(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.

Section 5.  Payments Comprising the Fund.  Payments made to the Trustee
for the Fund shall consist of cash or securities acceptable to the
Trustee.

Section 6.  Trustee Management.  The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
section.  In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstance then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:

(i) Securities or other obligations of the Grantor, or any other owner
or operator of the facilities, or any of their affiliates as defined in
the Investment Company Act of 1940, as amended, 15 U.S.C.  80a-2.(a),
shall not be acquired or held unless they are securities or other
obligations of the Federal or a State government;

(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or State government; and

(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.

Section 7.  Commingling and Investment.  The Trustee is expressly
authorized in its discretion:

(a) To transfer from time to time any or all of the assets of the Fund
to any common commingled, or collective trust fund created by the
Trustee in which the fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and

(b) To purchase shares in any investment company registered under the
Investment Company Act of 1940, 15 U.S.C.  81a-1 et seq., including one
which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee.  The
Trustee may vote such shares in its discretion.

Section 8.  Express Powers of Trustee.  Without in any way limiting the
powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale.  No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of
transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;

(c) To register any securities held in the Fund in its own name or in
the name of a nominee and to hold any security in bearer form or in book
entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depository even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depository with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;

(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and

(e) To compromise or otherwise adjust all claims in favor of or against
the Fund.

Section 9.  Taxes and Expenses.  All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund.  All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the
Trustee shall be paid from the Fund.

Section 10.  Annual Valuations.  The Trustee shall annually, at least 30
days prior to the anniversary date of establishment of the Fund, furnish
to the Grantor and to the appropriate EPA Regional Administrator a
statement confirming the value of the Trust.  Any securities in the Fund
shall be valued at market value as of no more than 60 days prior to the
anniversary date of establishment of the Fund.  The failure of the
Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the EPA Regional
Administrator shall constitute a conclusively binding assent by the
Grantor barring the Grantor from asserting any claim or liability
against the Trustee with respect to matters disclosed in the statement.

Section 11.  Advice of Counsel.  The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder.  The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.

Section 12.  Trustee Compensation.  The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.

Section 13.  Successor Trustee.  The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment.  The successor trustee shall
have the same powers and duties as those conferred upon the Trustee
hereunder.  Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund.  If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions.  The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator, and the present Trustee by certified
mail 10 days before such change becomes effective.  Any expenses
incurred by the Trustee as a result of any of the acts contemplated by
this section shall be paid as provided in Section 9.

Section 14.  Instructions to the Trustee.  All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed
by such persons as are designated in the attached Exhibit A or such
other designees as the Grantor may designate by amendments to Exhibit A.
 The Trustee shall be fully protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions.  All
orders, requests, and instructions by the EPA Regional Administrator to
the Trustee shall be in writing, signed by the EPA Regional
Administrators of the Regions in which the facilities are located, or
their designees, and the Trustee shall act and shall be fully protected
in acting in accordance with such orders, requests, and instructions.
The Trustee shall have the right to assume, in the absence of written
notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the
Grantor or EPA hereunder has occurred.  The Trustee shall have no duty
to act in the absence of such orders, requests, and instructions from
the Grantor and/or EPA, except as provided for herein.

Section 15.  Notice of Nonpayment.  If a payment for bodily injury or
property damage is made under Section 4 of this trust, the Trustee shall
notify the Grantor of such payment and the amount(s) thereof within five
(5) working days.  The Grantor shall, on or before the anniversary date
of the establishment of the Fund following such notice, either make
payments to the Trustee in amounts sufficient to cause the trust to
return to its value immediately prior to the payment of claims under
Section 4, or shall provide written proof to the Trustee that other
financial assurance for liability coverage has been obtained equaling
the amount necessary to return the trust to its value prior to the
payment of claims.  If the Grantor does not either make payments to the
Trustee or provide the Trustee with such proof, the Trustee shall within
10 working days after the anniversary date of the establishment of the
Fund provide a written notice of nonpayment to the EPA Regional
Administrator.

Section 16.  Amendment of Agreement.  This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
appropriate EPA Regional Administrator, or by the Trustee and the
appropriate EPA Regional Administrator if the Grantor ceases to exist.

Section 17.  Irrevocability and Termination.  Subject to the right of
the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist.  Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be delivered to the Grantor.

The Regional Administrator will agree to termination of the Trust when
the owner or operator substitutes alternate financial assurance as
specified in this section.

Section 18.  Immunity and Indemnification.  The Trustee shall not incur
personal liability of any nature in connection with any act or omission,
made in good faith, in the administration of this Trust, or in carrying
out any directions by the Grantor or the EPA Regional Administrator
issued in accordance with this Agreement.  The Trustee shall be
indemnified and saved harmless by the Grantor or from the Trust Fund, or
both, from and against any personal liability to which the Trustee may
be subjected by reason of any act or conduct in its official capacity,
including all expenses reasonably incurred in its defense in the event
the Grantor fails to provide such defense.

Section 19.  Choice of Law.  This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].

Section 20.  Interpretation.  As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular.  The descriptive headings for each section of this Agreement
shall not affect the interpretation or the legal efficacy of this
Agreement.

In Witness Whereof the parties have caused this Agreement to be executed
by their respective officers duly authorized and their corporate seals
to be hereunto affixed and attested as of the date first above written.
The parties below certify that the wording of this Agreement is
identical to the wording specified in 40 CFR 261.151(l) as such
regulations were constituted on the date first above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

(2) The following is an example of the certification of acknowledgement
which must accompany the trust agreement for a trust fund as specified
in Sec. Sec. 261.147(j) of this chapter.  State requirements may differ
on the proper content of this acknowledgement.

State of
________________________________________________________________

County of
_______________________________________________________________

On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.

[Signature of Notary Public]

(m)(1) A standby trust agreement, as specified in Sec. 261.147(h) of
this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:

Standby Trust Agreement

Trust Agreement, the “Agreement,” entered into as of [date] by and
between [name of the owner or operator] a [name of a State] [insert
“corporation,” “partnership,” “association,” or
“proprietorship”], the “Grantor,” and [name of corporate
trustee], [insert, “incorporated in the State of ______________” or
“a national bank”], the “trustee.”

Whereas the United States Environmental Protection Agency, “EPA,” an
agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator  must demonstrate financial responsibility for bodily injury
and property damage to third parties caused by sudden accidental and/or
nonsudden accidental occurrences arising from operations of the facility
or group of facilities.

Whereas, the Grantor has elected to establish a standby trust into which
the proceeds from a letter of credit may be deposited to assure all or
part of such financial responsibility for the facilities identified
herein.

Whereas, the Grantor, acting through its duly authorized officers, has
selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1.  Definitions.  As used in this Agreement:

(a) The term Grantor means the owner or operator who enters into this
Agreement and any successors or assigns of the Grantor.

(b) The term Trustee means the Trustee who enters into this Agreement
and any successor Trustee.

Section 2.  Identification of Facilities.  This agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number (if any issued), name,
and address of the facility(ies) and the amount of liability coverage,
or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement].

Section 3.  Establishment of Fund.  The Grantor and the Trustee hereby
establish a standby trust fund, hereafter the “Fund,” for the
benefit of any and all third parties injured or damaged by [sudden
and/or nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee, in the amounts of _______-----
[up to $1 million] per occurrence and _______----- [up to $2 million]
annual aggregate for sudden accidental occurrences and _______----- [up
to $3 million] per occurrence and _______----- [up to $6 million] annual
aggregate for nonsudden occurrences, except that the Fund is not
established for the benefit of third parties for the following:

(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.  This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.

(b) Any obligation of [insert Grantor] under a workers' compensation,
disability benefits, or unemployment compensation law or any similar
law.

(c) Bodily injury to:

(1) An employee of [insert Grantor] arising from , and in the course of,
employment by [insert Grantor]; or

(2) The spouse, child, parent, brother or sister of that employee as a
consequence of, or arising from, and in the course of employment by
[insert Grantor].

This exclusion applies:

(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and

(B) To any obligation to share damages with or repay another person who
must pay damages because of the injury to persons identified in
paragraphs (1) and (2).

(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.

(e) Property damage to:

(1) Any property owned, rented, or occupied by [insert Grantor];

(2) Premises that are sold, given away or abandoned by [insert Grantor]
if the property damage arises out of any part of those premises;

(3) Property loaned by [insert Grantor];

(4) Personal property in the care, custody or control of [insert
Grantor];

(5) That particular part of real property on which [insert Grantor] or
any contractors or subcontractors working directly or indirectly on
behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.

In the event of combination with another mechanism for liability
coverage, the fund shall be considered [insert “primary” or
“excess”] coverage.

The Fund is established initially as consisting of the proceeds of the
letter of credit deposited into the Fund.  Such proceeds and any other
property subsequently transferred to the Trustee is referred to as the
Fund, together with all earnings and profits thereon, less any payments
or distributions made by the Trustee pursuant to this Agreement.  The
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided.
The Trustee shall not be responsible nor shall it undertake any
responsibility for the amount or adequacy of, nor any duty to collect
from the Grantor, any payments necessary to discharge any liabilities of
the Grantor established by EPA.

Section 4.  Payment for Bodily Injury or Property Damage.  The Trustee
shall satisfy a third party liability claim by drawing on the letter of
credit described in Schedule B and by making payments from the Fund only
upon receipt of one of the following documents:

(a) Certification from the Grantor and the third party claimant(s) that
the liability claim should be paid.  The certification must be worded as
follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] facility should
be paid in the amount of $[ ].

[Signature]_____________________________________________________________

Grantor_________________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________

(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.

Section 5.  Payments Comprising the Fund.  Payments made to the Trustee
for the Fund shall consist of the proceeds from the letter of credit
drawn upon by the Trustee in accordance with the requirements of 40 CFR
261.151(k)) and Section 4 of this Agreement.

Section 6.  Trustee Management.  The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
Section.  In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstances then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:

(i) Securities or other obligations of the Grantor, or any other owner
or operator of the facilities, or any of their affiliates as

defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2(a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;

(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or a State government; and

(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.

Section 7.  Commingling and Investment.  The Trustee is expressly
authorized in its discretion:

(a) To transfer from time to time any or all of the assets of the Fund
to any common, commingled, or collective trust fund created by the
Trustee in which the Fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and

(b) To purchase shares in any investment company registered under the
Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one
which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee.  The
Trustee may vote such shares in its discretion.

Section 8.  Express Powers of Trustee.  Without in any way limiting the
powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale.  No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of
transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;

(c) To register any securities held in the Fund in its own name or in
the name of a nominee and to hold any security in bearer form or in book
entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve Bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;

(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and

(e) To compromise or otherwise adjust all claims in favor of or against
the Fund.

Section 9.  Taxes and Expenses.  All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund.  All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements to the
Trustee shall be paid from the Fund.

Section 10.  Advice of Counsel.  The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder.  The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.

Section 11.  Trustee Compensation.  The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.

Section 12.  Successor Trustee.  The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment.  The successor trustee shall
have the same powers and duties as those conferred upon the Trustee
hereunder.  Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund.  If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions.  The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator and the present Trustee by certified mail
10 days before such change becomes effective.  Any expenses incurred by
the Trustee as a result of any of the acts contemplated by this Section
shall be paid as provided in Section 9.

Section 13.  Instructions to the Trustee.  All orders, requests,
certifications of valid claims, and instructions to the Trustee shall be
in writing, signed by such persons as are designated in the attached
Exhibit A or such other designees as the Grantor may designate by
amendments to Exhibit A.  The Trustee shall be fully protected in acting
without inquiry in accordance with the Grantor's orders, requests, and
instructions.  The Trustee shall have the right to assume, in the
absence of written notice to the contrary, that no event constituting a
change or a termination of the authority of any person to act on behalf
of the Grantor or the EPA Regional Administrator hereunder has occurred.
 The Trustee shall have no duty to act in the absence of such orders,
requests, and instructions from the Grantor and/or EPA, except as
provided for herein.

Section 14.  Amendment of Agreement.  This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
EPA Regional Administrator, or by the Trustee and the EPA Regional
Administrator if the Grantor ceases to exist.

Section 15.  Irrevocability and Termination.  Subject to the right of
the parties to amend this Agreement as provided in Section 14, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist.  Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be paid to the Grantor.

The Regional Administrator will agree to termination of the Trust when
the owner or operator substitutes alternative financial assurance as
specified in this section.

Section 16.  Immunity and indemnification.  The Trustee shall not incur
personal liability of any nature in connection with any act or omission,
made in good faith, in the administration of this Trust, or in carrying
out any directions by the Grantor and the EPA Regional Administrator
issued in accordance with this Agreement.  The Trustee shall be
indemnified and saved harmless by the Grantor or from the Trust Fund, or
both, from and against any personal liability to which the Trustee may
be subjected by reason of any act or conduct in its official capacity,
including all expenses reasonably incurred in its defense in the event
the Grantor fails to provide such defense.

Section 17.  Choice of Law.  This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].

Section 18.  Interpretation.  As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular.  The descriptive headings for each Section of this Agreement
shall not affect the interpretation of the legal efficacy of this
Agreement.

In Witness Whereof the parties have caused this Agreement to be executed
by their respective officers duly authorized and their corporate seals
to be hereunto affixed and attested as of the date first above written.
The parties below certify that the wording of this Agreement is
identical to the wording specified in 40 CFR 261.151(m) as such
regulations were constituted on the date first above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

(2) The following is an example of the certification of acknowledgement
which must accompany the trust agreement for a standby trust fund as
specified in section 261.147(h) of this chapter.  State requirements may
differ on the proper content of this acknowledgement.

State of________________________________________________________________

County of_______________________________________________________________

On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.

[Signature of Notary Public]

PART 270 – EPA Administered Permit Programs:  The Hazardous Waste
Permit Program

13.  The authority citation for part 270 continues to read as follows:

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939 and 6974.

Subpart D – Changes to Permits

14.	Section 270.42 Appendix I is amended to add a new A. 9 and A. 10 to
read as follows:

§270.42   Permit modification at the request of the permittee.

* * * * *

Appendix I to §270.42

Modifications	Class

A.  General Permit Provisions.

*   *   *

9.  Changes to remove a permit conditions applicable to a unit excluded
under the provisions of §261.4.

10.  Changes in the expiration date of a permit at which all units are
excluded under the provisions of §261.4.

*  *  *

11

11

1Class 1 modifications requiring prior Agency approval.

*   *   *   *   *

 As discussed in section VII.C., persons taking advantage of the
generator-controlled option must also notify the regulatory authority.
This notification requirement is needed to enable credible evaluation of
the status of hazardous secondary materials under RCRA and to ensure the
terms of the exclusions are being met by generators and reclaimers.
These types of notification requirements in this rule are being
promulgated under the authority of RCRA section 3007.

 These are conditions beyond the prohibition on speculative
accumulation, the requirement that the hazardous secondary material be
contained, and the requirement that the materials be legitimately
recycled, as described in section VII.C., which would also apply to the
transfer-based exclusion. The transfer-based exclusion also includes a
notification requirement, which is needed to enable credible evaluation
of the status of hazardous secondary materials under section 3007 of
RCRA and to ensure the terms of the exclusions are being met by
generators, intermediate facilities, and reclaimers.

. See, for example the ABR decision, where the Court acknowledged that
the term “discard” could be “ambiguous as applied to some
situations, but not as applied to others,” and particularly cited the
difficulty in examining the details of the many processes in the mineral
processing industry (208 F.3d at 1056). While the court overturned
EPA’s regulations for casting too wide a net over continuous
industrial processes, it acknowledged that there are a large number of
processes, some of which may be continuous and some of which may not.
Determining what is a continuous process in the mineral processing
industry, according to the Court, would require examination of the
details of the processes and does not lend itself, well, to broad
abstraction. Specifically, the Court stated,

Some mineral processing secondary materials covered under the Phase IV
Rule may not proceed directly to an ongoing recycling process and may be
analogous to the sludge in AMC II. The parties have presented this
aspect of the case in broad abstraction, providing little detail about
the many processes throughout the industry that generate residual
material of the sort EPA is attempting to regulate under RCRA,

208 F.3d at 1056

	In the case of today’s final rule, which applies across industries,
there are far larger and more diverse processes. While EPA believes it
is establishing a reasonable set of principles, they must still be
applied to the details of the industrial processes in question.

 For current EPA guidance for companies using the financial test in 40
CFR part 264 or 265, please see the February 27, 1997 Memorandum from
Elizabeth Cotsworth to Senior RCRA Policy Advisors entitled “Obsolete
Language in the Financial Test for Subtitle C Treatment Storage and
Disposal Facilities,” at
http://yosemite.epa.gov/osw/rcra.nsf/ea6e50dc6214725285256bf00063269d/C6
8C99D730932BE28525670F006C2B4A/$file/14066.pdf

 Hazardous secondary material generators may choose, in the notice of
export, to designate alternate reclaimers or alternate intermediate
facilities to which the hazardous secondary materials may be exported in
the event that delivery to the primary reclaimer or intermediate
facility cannot take place. Hazardous secondary material generators, of
course, must comply with all conditions (e.g., reasonable efforts) for
each alternate reclaimer and alternate intermediate facility as with a
primary reclaimer and intermediate facility.

 The Office of Enforcement and Compliance Assurance (OECA) is the office
within EPA that implements the notice and consent process for exports.

 As an example of sham recycling, in a recent case the owner of a
facility in Mississippi was found to be illegally burying hazardous
waste on his property, where it was leaching into surrounding soil and
groundwater, while he was telling regulators and customers that he was
recycling it into a salable product (Department of Justice,
“Mississippi Hazardous Waste Operator Sentenced to 41 Months in Prison
for Environmental Crimes,” news release, February 7, 2008,
http://www.epa.gov/compliance/resources/cases/criminal/highlights/2008/p
ridemore-02-07-08.pdf).

 Under the transfer-based exclusion being finalized in today’s rule, a
reclaimer should also anticipate that a hazardous secondary material
generator will inquire as to whether the reclaimer intends to
legitimately reclaim hazardous secondary materials (40 CFR
261.4(a)(24)(iv)(B)(1)). Reasonable effort inquiries will vary by
generator and may include a request for information or documentation of
legitimacy.

In the March 2007 supplemental proposal, EPA also proposed (but is not
finalizing) a third type of non-waste determination for hazardous
secondary materials reclaimed under the control of the generator via a
tolling arrangement or similar contractual arrangement. EPA, however,
did not identify any comments that described specific types of
contractual arrangements that would meet the proposed criteria for this
non-waste determination. See section XIX for more information.

 Again, the owner/operator of the facility must comply with the
applicable conditions and limitations of the exclusion (including the
containment of the hazardous secondary material in the unit and the
prohibition against speculative accumulation) to maintain the exclusion.

 The commenter discussed above who disagreed with the Agency’s
approach for permit modifications to remove units that are no longer
regulated, also believed that Class 2 permit modification procedures
were necessary to provide the public an opportunity to comment on the
owner or operator’s request to terminate a permit by modifying the
permit term. The Agency disagrees with this commenter. As was discussed
above, the regulations governing permit modifications classify changes
to the expiration date to allow earlier permit termination as Class 1
with prior Agency approval.

 Owners and operators of permitted and interim status facilities with
corrective action obligations should refer to the Agency's February 25,
2003, guidance entitled “Final Guidance on Completion of

Corrective Action Activities at RCRA Facilities,” (see 68 FR 8757) for
a detailed discussion of corrective action completion.

 Similar provisions at 40 CFR 264.145(i) and 265.145(h) provide for
release of financial assurance for post-closure care.

 See section VIII.C.4 of this preamble for a complete discussion of
financial assurance as a condition of the exclusion for this group of
facilities.

 The Office of Enforcement and Compliance Assurance (OECA) is the office
within EPA that implements the notice and consent process for exports.

 Estimates are from the Regulatory Impact Analysis for U.S. EPA’s 2008
Final Rule Amendments to the Industrial Recycling Exclusions from the
Definition of Solid Waste.

DRAFT – INTERNAL EPA – DELIBERATIVE – FOIA EXEMPT

DSW final rule preamble and regulation- OMB Review draft – March 25,
2008

 PAGE

 PAGE   1


[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22516-22517]
[FR Doc No: 2015-09361]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0099; FRL-9925-66-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Ferroalloys Production Area
Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``NESHAP for Ferroalloys
Production Area Sources (40 CFR part 63, subpart YYYYYY) (Renewal)''
(EPA ICR No. 2303.04, OMB Control No. 2060-0625) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a
proposed extension of the ICR, which is currently approved through
April 30, 2015. Public comments were previously requested via the
Federal Register (79 FR 30117) on May 27, 2014 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 22, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0099, to (1) EPA online using www.regulations.gov (our

preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
YYYYYY. Owners or operators of the affected facilities must submit
initial notification, performance tests, and periodic reports and
results. Owners or operators are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of area source
ferroalloys production facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart YYYYYY).
    Estimated number of respondents: 10 (total).
    Frequency of response: Initially and annually.
    Total estimated burden: 350 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $35,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a slight increase of five hours
in the total estimated respondent burden compared with the ICR current
approved by OMB. This is due to the rounding of estimates.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-09361 Filed 4-21-15; 8:45 am]
 BILLING CODE 6560-50-P