[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR264.140] [Page 257-258] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents Subpart H_Financial Requirements Sec. 264.140 Applicability. Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted. (a) The requirements of Sec. Sec. 264.142, 264.143, and 264.147 through 264.151 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in Sec. 264.1. (b) The requirements of Sec. Sec. 264.144 and 264.145 apply only to owners and operators of: (1) Disposal facilities; (2) Piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in Sec. Sec. 264.228 and 264.258; (3) Tank systems that are required under Sec. 264.197 to meet the requirements for landfills; and (4) Containment buildings that are required under Sec. 264.1102 to meet the requirements for landfills. (c) States and the Federal government are exempt from the requirements of this subpart. (d) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where the Regional Administrator: [[Page 258]] (1) Prescribes alternative requirements for the regulated unit under Sec. 264.90(f) and/or Sec. 264.110(d); and (2) Determines that it is not necessary to apply the requirements of this subpart because the alternative financial assurance requirements will protect human health and the environment. [47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51 FR 25472, July 14, 1986; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998]