---
kind: "section"
citation: "40 C.F.R. § 264.140"
title: "40"
number: "264.140"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/264.140"
---

# §264.140. Applicability.

- (a) The requirements of §§ [264.142](/cfr/40/264.142.md), [264.143](/cfr/40/264.143.md), and [264.147 through 264.151](/cfr/40/264.147..264.151.md) apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in [§ 264.1](/cfr/40/264.1.md).
- (b) The requirements of §§ [264.144](/cfr/40/264.144.md) and [264.145](/cfr/40/264.145.md) 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 §§ [264.228](/cfr/40/264.228.md) and [264.258](/cfr/40/264.258.md);
  - (3) Tank systems that are required under [§ 264.197](/cfr/40/264.197.md) to meet the requirements for landfills; and
  - (4) Containment buildings that are required under [§ 264.1102](/cfr/40/264.1102.md) 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)](/cfr/40/270.1.md?p=c-7)), where the Regional Administrator:
  - (1) Prescribes alternative requirements for the regulated unit under [§ 264.90(f)](/cfr/40/264.90.md?p=f) and/or [§ 264.110(c)](/cfr/40/264.110.md?p=c); 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.

## Notes

### Amendments

[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; 71 FR 40272, July 14, 2006]

### Source

Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.

### Source

Source: 45 FR 33221, May 19, 1980, unless otherwise noted.

### Amendments

[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; 71 FR 40272, July 14, 2006]