[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.110]

[Page 466-467]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                   Subpart G--Closure and Post-Closure
 
Sec. 265.110  Applicability.

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


    Except as Sec. 265.1 provides otherwise:
    (a) Sections 265.111 through 265.115 (which concern closure) apply 
to the owners and operators of all hazardous waste management 
facilities; and
    (b) Sections 265.116 through 265.120 (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 Sec. 265.228 or 
Sec. 265.258;
    (3) Tank systems that are required under Sec. 265.197 to meet 
requirements for landfills; and
    (4) Containment building that are required under Sec. 265.1102 to 
meet the requirement for landfills.
    (c) Section 265.121 applies to owners and operators of units that 
are subject to the requirements of 40 CFR 270.1(c)(7) and are regulated 
under an enforceable document (as defined in 40 CFR 270.1(c)(7)).
    (d) The Regional Administrator may replace all or part of the 
requirements of this subpart (and the unit-specific standards in 
Sec. 265.111(c)) applying to a regulated unit (as defined in 40 CFR 
264.90), 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)), 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

[[Page 467]]

protect human health and the environment, and will satisfy the closure 
performance standard of Sec. 265.111 (a) and (b).

[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]