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;
                                                                        \ ^
 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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                               -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

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