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40 CFR 258.75

§ 258.75 Discounting.

United States · 40 CFR — Protection of Environment · Status: effective

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Citation
40 CFR 258.75, § 258.75 Discounting, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/185274
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Full text

The Director of an approved State may allow discounting of closure cost estimates in § 258.71(a), post-closure cost estimates in § 258.72(a), and/or corrective action costs in § 258.73(a) up to the rate of return for essentially risk free investments, net of inflation, under the following conditions: (a) The State Director determines that cost estimates are complete and accurate and the owner or operator has submitted a statement from a Registered Professional Engineer so stating; (b) The State finds the facility in compliance with applicable and appropriate permit conditions; (c) The State Director determines that the closure date is certain and the owner or operator certifies that there are no foreseeable factors that will change the estimate of site life; and (d) Discounted cost estimates must be adjusted annually to reflect inflation and years of remaining life.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.