Critical Critical Improvements to Improvements to National Mercury National Mercury

Disposal Disposal PracticesPractices

Presented by:Presented by:Mercury Waste Solutions, Inc.Mercury Waste Solutions, Inc.

©COPYRIGHT 2003 – Mercury Waste Solutions, ©COPYRIGHT 2003 – Mercury Waste Solutions, Inc. Inc.

Three Critical Three Critical IssuesIssues

The mercury debris loopholeThe mercury debris loophole Land disposal of USA Land disposal of USA

generated mercury waste in generated mercury waste in CanadaCanada

Household hazardous Household hazardous mercury waste exemptionmercury waste exemption

ObjectiveObjective Find a way to implement a Find a way to implement a

National Mercury Reduction National Mercury Reduction Strategy to improve the health Strategy to improve the health and safety of all Americans, and and safety of all Americans, and our neighbors, through enforcing our neighbors, through enforcing stringent standards for the stringent standards for the treat-ment and disposal of highly treat-ment and disposal of highly contaminated mercury waste.contaminated mercury waste.

The United Nations The United Nations concluded that mercuryconcluded that mercury

travels throughout the world at a travels throughout the world at a much faster rate than was much faster rate than was

previously knownpreviously known..

We must control the problem We must control the problem starting in our own starting in our own

western hemisphere.western hemisphere.

Quick Facts You Quick Facts You Need to KnowNeed to Know

Mercury is a pervasive bio-accumulative neurotoxin. It Mercury is a pervasive bio-accumulative neurotoxin. It doesn’t go away… it can be fatal.doesn’t go away… it can be fatal.

60,000 children are born in the USA every year at risk 60,000 children are born in the USA every year at risk for adverse neurodevelopment due to exposure to for adverse neurodevelopment due to exposure to methyl mercury in-uteromethyl mercury in-utero

One in ten women in the US have high levels of One in ten women in the US have high levels of mercury in their bloodmercury in their blood

Mercury damages the central nervous system… Mercury damages the central nervous system… especially in childrenespecially in children

Mercury has been proven to be destructive by Mercury has been proven to be destructive by entering the food chain through waterways, lakes, entering the food chain through waterways, lakes, streams and coastal regionsstreams and coastal regions. .

The Current The Current Mercury Mercury

Treatment Treatment StandardStandard

The appropriate treatment for highly contaminated The appropriate treatment for highly contaminated waste (greater than 260 mg./kg) under RCRA, is waste (greater than 260 mg./kg) under RCRA, is retorting of contaminated materials.retorting of contaminated materials.

This standard was established in January 1992 and This standard was established in January 1992 and reaffirmed in January 2003.reaffirmed in January 2003.

Retorting is extremely effective as this treatment Retorting is extremely effective as this treatment method recovers up to 99.999% of mercury in method recovers up to 99.999% of mercury in contaminated items.contaminated items.

However…However…

The Intent of The Intent of RCRA RCRA

Is Being AbusedIs Being Abused Although not intended, the EPA provided for a more Although not intended, the EPA provided for a more

lenient disposal standard in 1994 by changing the lenient disposal standard in 1994 by changing the definition of certain mercury-bearing wastes by calling definition of certain mercury-bearing wastes by calling them “debris” – which, in turn, created a “mercury them “debris” – which, in turn, created a “mercury debris loophole.” debris loophole.”

If the waste is a mercury contaminated object greater If the waste is a mercury contaminated object greater than 60 mm (about 2”) in size, it can be considered than 60 mm (about 2”) in size, it can be considered “hazardous debris” under RCRA. It can be land “hazardous debris” under RCRA. It can be land disposed after it has been “encapsulated.”disposed after it has been “encapsulated.”

This Mercury Debris Loophole includes most all This Mercury Debris Loophole includes most all mercury wastes.mercury wastes.

But…But…

The EPA concluded The EPA concluded thatthat

encapsulation in encapsulation in landfillslandfills

Does Not Work!Does Not Work!

On January 29, 2003On January 29, 2003The US EPA published in Federal The US EPA published in Federal

Register Land Disposal Restrictions: Register Land Disposal Restrictions: Treatment Standards for Mercury-Treatment Standards for Mercury-

Bearing Waste; Notice of Data Bearing Waste; Notice of Data Availability (NODA). This NODA Availability (NODA). This NODA concluded that concluded that rretortingetorting mercury mercury

contaminatedcontaminated waste is the best solution waste is the best solution and should not be changed.and should not be changed.

However, the EPA left the Mercury Debris However, the EPA left the Mercury Debris Loophole intact. (40 CFR 268.45)Loophole intact. (40 CFR 268.45)

As a result…Generators As a result…Generators can continue to landfill can continue to landfill the majority of mercury the majority of mercury

waste under the Mercury waste under the Mercury Debris Loophole.Debris Loophole.

Alternatively, generators Alternatively, generators can ship their mercury can ship their mercury

waste to Canada for waste to Canada for placement in landfills placement in landfills

where standards are lower.where standards are lower.

Canada has different Canada has different standards allowing the standards allowing the

landfill of mercury waste.landfill of mercury waste.These standards are These standards are

imposed at the Provincial imposed at the Provincial level and not at the Federal level and not at the Federal

level.level.

In late February, The In late February, The Northeast Waste Management Northeast Waste Management

Official’s Association Official’s Association confirmed that many confirmed that many

hazardous waste companies hazardous waste companies prefer to transport waste prefer to transport waste

to Canada. Why?to Canada. Why?

Two Main ReasonsTwo Main Reasons

1. COST – One metric ton of 1. COST – One metric ton of mercury-containing waste costs mercury-containing waste costs

$400 for Canadian landfill disposal $400 for Canadian landfill disposal vs. $2,000 for Retorting in the USvs. $2,000 for Retorting in the US

2. LIABILITY – Generators believe 2. LIABILITY – Generators believe that by shipping to Canada they will that by shipping to Canada they will

avoid future CERCLA liabilityavoid future CERCLA liability..

The Third Issue… The Third Issue… Household Hazardous Household Hazardous

Waste ExemptionWaste Exemption

The US EPA agrees that The US EPA agrees that there is an additional there is an additional

loophole. RCRA excludes loophole. RCRA excludes household waste that household waste that

contains mercury-contains mercury-contaminated items contaminated items

or devicesor devices. .

Once these items are Once these items are collected by municipalities collected by municipalities through mercury round-up through mercury round-up or household hazardous or household hazardous

waste collection programs, waste collection programs, the waste continues to be the waste continues to be exempt from RCRA and exempt from RCRA and

therefore, is not subject to therefore, is not subject to land ban regulation.land ban regulation.

Thus…..Thus…..Household mercury Household mercury

waste disposal is waste disposal is concentrated and concentrated and

unregulated!unregulated!

Three specificThree specificactions areactions are

requested…… requested……

1.1. Amend Sen. Susan Collins’ Amend Sen. Susan Collins’ bill S. 616. by adding bill S. 616. by adding language to close the language to close the

Mercury Debris Loophole. Mercury Debris Loophole. The bill should be amended The bill should be amended

to include treatment to include treatment standards for mercury standards for mercury

devices banned in the bill devices banned in the bill and for all high-subcategory and for all high-subcategory

mercury wastes.mercury wastes.

Upon introducing S. 616, Sen. Susan Upon introducing S. 616, Sen. Susan Collins was quoted: Once the Collins was quoted: Once the

mercury is collected, my intention is mercury is collected, my intention is it will never again be able to pose a it will never again be able to pose a threat to the health of our children.threat to the health of our children.

We believe our amendment We believe our amendment would be consistent with her would be consistent with her

desires.desires.

2. Prohibit the export of 2. Prohibit the export of mercury wastes until mercury wastes until

Canadian standards are as Canadian standards are as stringent as those of the stringent as those of the

United StatesUnited States..

3. Ensure that mercury 3. Ensure that mercury contaminated household contaminated household

wastes collected by wastes collected by governmental and waste governmental and waste

contractors are not exempt contractors are not exempt from treatment before from treatment before

disposal.disposal.

We believe these We believe these issues present a great issues present a great

opportunity to be opportunity to be proactive on the proactive on the environment ……environment ……

Because…..Because…..-- These are narrow issues.-- These are narrow issues.

-- There is no debate about the science of-- There is no debate about the science of toxicity of mercury. toxicity of mercury.

-- These are issues that matter!-- These are issues that matter!

-- It’s the right thing to do!-- It’s the right thing to do!

-- It’s good politics.-- It’s good politics.