FAXBACK 13013
9453.1987(05)


EXTENSION TO GENERATOR ACCUMULATION TIME LIMITS FOR UNFORESEEN, TEMPORARY
CIRCUMSTANCES

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AUG 12 1987

Honorable Lane Evans
House of Representatives
Washington, D.C. 20515

Dear Mr. Evans:

This letter is in response to your recent inquiry regarding
the concerns of Illinois State Representative Richard A.
Mautino. The issue he raises involves the temporary storage
of hazardous waste by manufacturers pending disposal at a per-
mitted treatment or disposal facility.

Under regulations implementing the Resource Conservation
and Recovery Act (RCRA), generators or hazardous waste may
accumulate waste on-site for 90 days or less without a permit
provided that the wastes are handled in a protective manner.
(40 CFR 264.34) These regulations further provide that a
30-day extension of this 90-day period may be granted if the
wastes remain on-site "due to unforeseen, temporary, and
uncontrollable circumstances." (40 CFR 264.34(b))

The provision allowing for a 30-day extension has not
been eliminated from the Federal regulations, contrary to
Representative Mautino's understanding. This Federal provision,
which has also been adopted in the Illinois State program,
would provide the flexibility that Mr. Mautino recommended.
Mr. Mautino suggests that a hazardous waste generator should
be granted an additional 30-day extension in certain cases,
e.g., if the generator's special waste hauler went out of
business or if a landfill closed, and the generator would
need extra time to find other haulers or an alternate landfill.
Both Federal and state regulations would allow this extension,
if the state found that it was necessary because of "unforeseen,
temporary, and uncontrolled circumstances."


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Illinois, as a State authorized to administer their own
hazardous waste program in lieu of the Federal program, may
grant a 30-day extension when it deems appropriate without
obtaining clearance from the U.S. Environmental Protection
Agency.

I hope this information will prove useful to you. If I
can be of any further assistance, please let me know.

Sincerely,


J. Winston Porter
Assistant Administrator