Definitions of Financial Responsibility Terms

PURPOSE: This rule defines specific terms used in this chapter. (1) The definitions set forth in 40 CFR 280.92, July 1, 1998, are incorporated by reference, subject to the following additions, modifications, substitutions, or deletions. (A) The definitions set forth in this rule apply to terms when used in 10 CSR 263.090–10 CSR 26-3.115. In addition, the definitions in 10 CSR 26-2.012 apply to the terms used in this chapter unless defined otherwise in this rule or in the rule in which the term is used. Modifications and additions to specific definitions are— 1. The definition for “Director of the Implementing Agency” in 40 CFR 280.92, is not incorporated in this rule; 2. At the end of the definition of “Financial Reporting Year” in 40 CFR 280.92, as incorporated in this rule, add the following sentence: “Financial reporting year may comprise a fiscal or calendar year period”; 3. In the definition of “provider of financial assurance” in 40 CFR 280.92, as incorporated into this rule, substitute “10 CSR 26-3.095–10 CSR 26-3.103” for “section 280.95–280.103,” delete “issuer of a state-required mechanism,” and substitute “the Petroleum Storage Tank Insurance Fund” for “a state”; and 4. In the definition of “termination” in 40 CFR 280.92, as incorporated into this rule, substitute “in 10 CSR 26-3.097(2)” for “under section 260.97(b)(1).” (2) Missouri Specific Definitions. This section sets forth definitions which add to those in 40 CFR 280.92, as incorporated in this rule. (A) “Director” shall mean the director of the Department of Natural Resources. For purposes of compliance, financial responsibility instruments submitted to the department may also name the directors of other state UST programs as well as regional administrators of the Environmental Protection Agency (EPA). (B) “EPA” means the United States Environmental Protection Agency. (C) “Implementing agency” means the Department of Natural Resources. AUTHORITY: section 319.114, RSMo 2000.* This rule originally filed as 10 CSR 2011.092. Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.114, RSMo 1989.