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Item #3

Item #3. Consideration Of Adoption Of Proposed (Phase II) Regulations On Long-Term Postclosure Maintenance, Corrective Action And Financial Assurances - (Committee Item D). Comment Period: November 10–25, 2009. Comment letters received = 10

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Item #3

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  1. Item #3 Consideration Of Adoption Of Proposed (Phase II) Regulations On Long-Term Postclosure Maintenance, Corrective Action And Financial Assurances - (Committee Item D)

  2. Comment Period:November 10–25, 2009 • Comment letters received = 10 • Attachment 2-Comment summary w/ preliminary responses • Comment subject areas • Non-water Corrective Action • Third party preparation of site-specific corrective action plan • Cost estimate based on cost of final cover replacement • Other

  3. Non-water Corrective Action • Public comments suggest regulatory requirement for third party preparation of site-specific plan could: • restrict pool of eligible consultants • increase cost • establish a precedent • present compliance challenges • Response • Appropriate to address enhanced risk of conflict of interest (1 of 3)

  4. Non-water Corrective Action • Public comments suggest regulatory requirement for third party preparation of site-specific plan is unnecessary because: • preparers are subject to the Code of Professional Conduct • regulatory staff can determine validity, relevance, and accuracy • Response • Existing regulatory conflict of interest provisions are limited • Independent professional analysis needed (2 of 3)

  5. Non-water Corrective Action • Public comments object to or question purpose of basing estimate on the cost of final cover replacement • Response • One of two options • Simple, straight-forward method for preparing estimate (3 of 3)

  6. Other Public Comment Areas • Cash financial assurance demonstrations (e.g., trust fund) • The Board previously addressed this issue. Demonstrations must provide “financial assurance to the State.” • Operating costs vs. Closure costs • Further explanation to be included in FSOR • Time limit for CIWMB response to operator request for step-down • Further explanation to be included in FSOR (1 of 2)

  7. Other Public Comment Areas • Pooled fund • Not part of this rulemaking • Updating cost estimates and plans • The Board previously addressed this issue • Definition of corrective action • Suggested change is not appropriate • Printing errors • Corrections made (2 of 2)

  8. Phase II Rulemaking Timeline Dec 2009 – Board adoption Jan 2010 – Prepare Formal Response to Comments and Final Statement of Reasons Feb 2010 – Legal Review Feb 27, 2010 – Deadline to submit to OAL

  9. Staff Recommendation • Staff recommends Option #1: Adopt the proposed regulations by adopting Resolution 2009-161

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