265.140—Applicability.
(a)
The requirements of §§ 265.142, 265.143 and 265.147 through 265.150 apply to owners or operators of all hazardous waste facilities, except as provided otherwise in this section or in § 265.1.
(2)
Tank systems that are required under § 265.197 of this chapter to meet the requirements for landfills; and
(3)
Containment buildings that are required under § 265.1102 to meet the requirements for landfills.
(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:
(1)
Prescribes alternative requirements for the regulated unit under § 265.90(f) and/or 265.110(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.