1. The Role of Private Enterprise in the Reclamation, Recycling and Storage of Mercury Presented by Brad J. Buscher, Chairman and CEO of Mercury Waste Solutions, Inc. of Mercury Waste Solutions, Inc.

2. Company Background  Formed in 1996  IPO in 1997  Mercury retorting  Lamp and ballast recycling

3. Facilities Roseville Union Grove Indianapolis Atlanta Kansas City Albany Chicago

4. MWS Minnesota Lamp Recycling Facility

5. MWS Wisconsin Retorting Facility

6. Company Background Union Grove Retorting Facility:  4 stationary ovens – 25 drum capacity  1 Continuous flow oven – 1,000 lbs per hour capacity  Treat over 1,800 tons of waste annually  Recover over 80,000 lbs or 400 tons of Hg annually

7. Is There a Role for Private Enterprise? GOOD QUESTION! To answer that question, an explanation of the history of the mercury recycling industry is necessary…………………..

8. Regulatory Overview 1.Resource Conservation and Recovery Act of 1976 “RCRA”.  Hazardous waste classification  Comprehensive cradle to grave system for generation, transport, storage, treatment and disposal of hazardous waste  Prior to RCRA, mercury recyclers’ business model was based on resale of Hg as a commodity  After RCRA, business modeled evolved toward getting paid for liability reduction

9. Regulatory Overview 2.Land Disposal Restriction “LDR” Program --1984  Disposal Prohibition – requires treatment standards for haz waste before it can be landfilled  Dilution Prohibition – prevents dilution  Storage Prohibition – prevents indefinite storage

10. Regulatory Overview LDR Treatment Standards:  RMERC – retorting of organic and inorganic “high” mercury waste  IMERC – incineration of organic “high” mercury waste

11. Industry Background Why did the mercury recycling industry expand in the early 1990’s?  Regulatory framework in place  Anticipation of universal waste rule for fluorescent lamps  Mining industry activity  Choral kali industry activity

12. Industry Background What happened to the Mercury Recycling Industry?  Delay in Universal Waste Rule for lamps  Increased competition  But primarily due to increased waste shipments to Canada

13. What Happened? Source: Environment Canada

14. What Happened?

16. Industry Background Why the Exodus to Canada?  Canada (i.e. Ontario and Quebec) allows untreated waste to be landfilled  Canadian disposal option much cheaper than retorting  Inconsistencies in U.S. treatment standards

17. What Happened?

18. Industry Background U.S. Treatment Standards: 1.TCLP test  If > 0.2 mg/l, run analytical for total mercury content or send to Canada  If < 0.2 mg/l, no treatment is required 2.Total Mercury Test  If > 260 ppm, retorting is required  If < 260 ppm, either retort or stabilization prior to landfill

19. Industry Background U.S. Treatment Standards continued: 3.Exclusions from these treatment standards – the DEBRIS RULE  If waste is classified as “debris”, material can be still landfilled even if > 0.2 mg/l and > 260 ppm.  Rule was intended for construction & demolition debris, however, Rule has broad interpretation

20. Industry Background Examples of Debris Rule Exceptions:  Coast Guard batteries  Nicor cleanup  Sampling techniques  Other examples

21. Back to the Question….. Given the current regulatory and industry environment, is there a ongoing opportunity for Private Enterprise in the Recycling and Reclamation of Mercury? Yes……but on a limited basis

22. Back to the Question….. What needs to happen……  U.S. rules need to be clear, defined and enforced  Enforcement needs to focus on generators  Canadian treatment standards need to be raised to that of U.S. standards

23. Back to the Question….. Given the current regulatory and industry environment, is there a future opportunity for Private Enterprise in the Storage of Mercury? Unlikely…………

24. Back to the Question….. For the storage industry to evolve…. Clear, concise government regulations that govern Hg Storage are needed that answer the following questions:  Who’s waste is it?  How much Hg can be stored?  How long?  Who pays for the storage?  Facility design and construction requirements?  Permitting and insurance requirements?

25. Conclusions and Questions