---
kind: "section"
citation: "40 C.F.R. § 265.110"
title: "40"
number: "265.110"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/265.110"
---

# §265.110. Applicability.


Except as [§ 265.1](/cfr/40/265.1.md) provides otherwise:

- (a) [Sections 265.111 through 265.115](/cfr/40/265.111..265.115.md) (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
- (b) [Sections 265.116 through 265.120](/cfr/40/265.116..265.120.md) (which concern post-closure care) apply to the owners and operators of:
  - (1) All hazardous waste disposal facilities;
  - (2) Waste piles and surface impoundments for 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 [§ 265.228](/cfr/40/265.228.md) or [§ 265.258](/cfr/40/265.258.md);
  - (3) Tank systems that are required under [§ 265.197](/cfr/40/265.197.md) to meet requirements for landfills; and
  - (4) Containment buildings that are required under [§ 265.1102](/cfr/40/265.1102.md) to meet the requirement for landfills.
- (c) [Section 265.121](/cfr/40/265.121.md) applies to owners and operators of units that are subject to the requirements of [40 CFR 270.1(c)(7)](/cfr/40/270.1.md?p=c-7) and are regulated under an enforceable document (as defined in [40 CFR 270.1(c)(7)](/cfr/40/270.1.md?p=c-7)).
- (d) The Regional Administrator may replace all or part of the requirements of this subpart (and the unit-specific standards in [§ 265.111(c)](/cfr/40/265.111.md?p=c)) applying to a regulated unit (as defined in [40 CFR 264.90](/cfr/40/264.90.md)), with alternative requirements for closure set out in an approved closure or post-closure plan, 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 determines that:
  - (1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release, and
  - (2) It is not necessary to apply the closure requirements of this subpart (and/or those referenced herein) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard of § [265.111 (a)](/cfr/40/265.111.md?p=a) and [(b)](/cfr/40/265.111.md?p=b).

## Notes

### Amendments

[51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40274, July 14, 2006]

### Source

Source: 51 FR 16451, May 2, 1986, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g.

### Source

Source: 45 FR 33232, May 19, 1980, unless otherwise noted.

### Amendments

[51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 FR 34086, Sept. 2, 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40274, July 14, 2006]