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 ------- 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. ------- Q ^ " " 5 JUi 1385 •: 73 c C .-5 '_ 2 cr 3 O O >- Ms. Patricia A. Petruff f £; Dye, Scott, & Deltrlch, P.A. g^£ P.O. Drawer 948 ^>^ Bradenton, Florida 33506 iT; \ ^ 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 ------- -2- 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 ------- |