c/EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9522.03(85)
TITLE: Requirements of §213 of HSWA
APPROVAL DATE:
EFFECTIVE DATE:
7-5-85
7-5-85
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS::
Office of Solid Waste
I 1
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D~ In development or circulatin
REFERENCE (other documents): headquarters
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE
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PART 270 SUBPART A - GENERAL INFORMATION
DOC: 9522.03(85)
Key Words: HSWA RCRA Permits, LOIS
Regulations: 40 CFR 260.10, 270.10(e)(4) , HSWA §213, 201(k)
Subject: Requirements of §213 of HSWA
Addressee:
Originator:
Source Doc:
Date:
Summary:
Patricia A. Petrull, Dye, Scott, & Deitrich, P.A.,
P.O. Drawer 948, Bradenton, Florida 33506
John H. Skinner, Director, Office of Solid Waste
#9522.03(85)
7-5-85
The letter clarifies the requirements of Section 213 of HSWA, which requires
land disposal facilities to certify compliance with Subparts F and H and submit
Part B permit applications by November 8, 1985, in order to retain their interim
status. Independent of HSWA, EPA can request a permit application any time
before the statutory deadline of November 8, 1985.
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Ms. Patricia A. Petruff f £;
Dye, Scott, & Deltrlch, P.A. g^£
P.O. Drawer 948 ^>^
Bradenton, Florida 33506 iT;
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Dear Ma. Petruff: ^c
C3 J
Thank you for your letter of May 1, 1985, on behalf of I1:
Wenczel Tile Company of Florida, Inc. I apologize for the lack '-,
of a timely reaponae to your letter of February 22. We received •
several hundred Inquiries about the Hazardous and Solid Waste .!
Amendments of 1984 (HSWA) as a result of the'December telecon- . <
ference and have not yet been able to respond to them all. :
•^
Your letter raises Issues about the two requirements of ,
Section 213 of HSWA. As you know, Section 213 requires that, <
for retention of Interim status, an application for a final c
determination regarding the Issuance of a permit and a certlfl- "
cation of compliance with applicable ground-water monitoring __;
and financial responsibility requirements musr be submitter! for g •
all land disposal facilities by November 8, 19 5. The 5201(k) * •
definition of land disposal is relevant to this provision. r
Therefore, all landfills, surface impoundments , land treatment '£• :
facilities, and waste piles are subject to the requirements of ^ •
5213. In general, for the purposes of applying the HSWA, the ^;
broader statutory provision prevails rather than that of ^C OFF. ^
260.10 because HSWA supercedes inconsistent RCRA regulations. \
However, independent of HSWA, EPA has the authority to
request a permit application at any time before the statutory
deadline of November 8, 1985- Specifically, 40 CFT= 27C . 1C< e) ( U )
requires a Part B to be submitted on the date speciflee cy E?A.
In this case, Wenczel Tile must submit a Part 5 by the Cctoter 3
date specified by the EPA.
In addition, the company nust satisfy the requirement cc
certify compliance with applicable requirements by November •?,
1985, or interim status will be lost. "Certification of cor.rrli-
ance" means that the facility is in compliance with Florida's
ground-water monitoring and financial responsibility requirements
that are equivalent to EPA'a interim status requirements. "or
specific requirements for the V/enczel Tile facility, you
contact Xickey Hartnett of EPA Region IV at (uoiJ)-P?ll-3C
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Further details, Including information on how to certify and in
what form, will be published in the Federal Register within the
next weeks.
Your letter also raises two questions concerning the
applicability of the requirements for retrofitting of surface
impoundments. Guidance on this issue is under development by
our technical and legal staff, and therefore is not available
for distribution at the present tine.
Finally, you have requested guidance on the level of detail
which will be required for exposure Information. Again, we do
not yet have guidance available, however, a guidance document
describing the information required Is scheduled for release in
June.
IT you have any further questions, please contact
Peter Guerrero of my staff at (202)-382-4?40.
Sincerely yours,
John H.' Skinner
Director
Office of Solid baste
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