Critical Improvements to National Mercury Disposal Practices Presented by: Mercury Waste Solutions, Inc. ©COPYRIGHT 2003 – Mercury Waste Solutions, Inc.

Three Critical Issues The mercury debris loophole The mercury debris loophole Land disposal of USA generated mercury waste in Canada Land disposal of USA generated mercury waste in Canada Household hazardous mercury waste exemption Household hazardous mercury waste exemption

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

The United Nations concluded that mercury travels throughout the world at a much faster rate than was previously known. We must control the problem starting in our own western hemisphere.

Quick Facts You Need to Know Mercury is a pervasive bio-accumulative neurotoxin. It doesn’t go away… it can be fatal. Mercury is a pervasive bio-accumulative neurotoxin. It doesn’t go away… it can be fatal. 60,000 children are born in the USA every year at risk for adverse neurodevelopment due to exposure to methyl mercury in-utero 60,000 children are born in the USA every year at risk for adverse neurodevelopment due to exposure to methyl mercury in-utero One in ten women in the US have high levels of mercury in their blood One in ten women in the US have high levels of mercury in their blood Mercury damages the central nervous system… especially in children Mercury damages the central nervous system… especially in children Mercury has been proven to be destructive by entering the food chain through waterways, lakes, streams and coastal regions. Mercury has been proven to be destructive by entering the food chain through waterways, lakes, streams and coastal regions.

The Current Mercury Treatment Standard The appropriate treatment for highly contaminated waste (greater than 260 mg./kg) under RCRA, is retorting of contaminated materials. The appropriate treatment for highly contaminated waste (greater than 260 mg./kg) under RCRA, is retorting of contaminated materials. This standard was established in January 1992 and reaffirmed in January This standard was established in January 1992 and reaffirmed in January Retorting is extremely effective as this treatment method recovers up to % of mercury in contaminated items. Retorting is extremely effective as this treatment method recovers up to % of mercury in contaminated items.However…

The Intent of RCRA Is Being Abused Although not intended, the EPA provided for a more lenient disposal standard in 1994 by changing the definition of certain mercury- bearing wastes by calling them “debris” – which, in turn, created a “mercury debris loophole.” Although not intended, the EPA provided for a more lenient disposal standard in 1994 by changing the definition of certain mercury- bearing wastes by calling them “debris” – which, in turn, created a “mercury debris loophole.” If the waste is a mercury contaminated object greater than 60 mm (about 2”) in size, it can be considered “hazardous debris” under RCRA. It can be land disposed after it has been “encapsulated.” If the waste is a mercury contaminated object greater than 60 mm (about 2”) in size, it can be considered “hazardous debris” under RCRA. It can be land disposed after it has been “encapsulated.” This Mercury Debris Loophole includes most all mercury wastes. This Mercury Debris Loophole includes most all mercury wastes. But… But…

The EPA concluded that encapsulation in landfills Does Not Work!

On January 29, 2003 The US EPA published in Federal Register Land Disposal Restrictions: Treatment Standards for Mercury- Bearing Waste; Notice of Data Availability (NODA). This NODA concluded that retorting mercury contaminated waste is the best solution and should not be changed. However, the EPA left the Mercury Debris Loophole intact. (40 CFR )

As a result…Generators can continue to landfill the majority of mercury waste under the Mercury Debris Loophole.

Alternatively, generators can ship their mercury waste to Canada for placement in landfills where standards are lower.

Canada has different standards allowing the landfill of mercury waste. These standards are imposed at the Provincial level and not at the Federal level.

In late February, The Northeast Waste Management Official’s Association confirmed that many hazardous waste companies prefer to transport waste to Canada. Why?

Two Main Reasons 1. COST – One metric ton of mercury-containing waste costs $400 for Canadian landfill disposal vs. $2,000 for Retorting in the US 2. LIABILITY – Generators believe that by shipping to Canada they will avoid future CERCLA liability.

The Third Issue… Household Hazardous Waste Exemption

The US EPA agrees that there is an additional loophole. RCRA excludes household waste that contains mercury- contaminated items or devices.

Once these items are collected by municipalities through mercury round-up or household hazardous waste collection programs, the waste continues to be exempt from RCRA and therefore, is not subject to land ban regulation.

Thus….. Household mercury waste disposal is concentrated and unregulated!

Three specific actions are requested……

1.Amend Sen. Susan Collins’ bill S by adding language to close the Mercury Debris Loophole. The bill should be amended to include treatment standards for mercury devices banned in the bill and for all high-subcategory mercury wastes.

Upon introducing S. 616, Sen. Susan Collins was quoted: Once the mercury is collected, my intention is it will never again be able to pose a threat to the health of our children. We believe our amendment would be consistent with her desires.

2. Prohibit the export of mercury wastes until Canadian standards are as stringent as those of the United States.

3. Ensure that mercury contaminated household wastes collected by governmental and waste contractors are not exempt from treatment before disposal.

We believe these issues present a great opportunity to be proactive on the environment ……

Because….. -- These are narrow issues. -- There is no debate about the science of toxicity of mercury. -- These are issues that matter! -- It’s the right thing to do! -- It’s good politics.