[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]