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Hazardous Waste: EPA Needs to Clarify the Types of Mercury Waste That Can Be Treated and Disposed of Using the Debris Regulations

GAO-06-99 Published: Dec 16, 2005. Publicly Released: Jan 17, 2006.
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Highlights

The Environmental Protection Agency (EPA) is responsible for regulating hazardous wastes (such as mercury) under the Resource Conservation and Recovery Act (RCRA). Under RCRA, mercury-containing hazardous waste must meet specific treatment standards before land disposal. But, certain difficult to manage waste due, in part, to its large particle size, can follow alternate "debris" standards that provide diverse treatment options. This report examines (1) the mechanisms that EPA uses to track the treatment and disposal of mercury-contaminated debris and the quantity of this waste, (2) the extent to which EPA, states, and industry share a common understanding of the types of mercury-containing wastes that can be treated and disposed of as debris, and (3) EPA and state controls that are in place to monitor compliance with EPA's treatment and disposal requirements for mercury-contaminated debris.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Environmental Protection Agency To better ensure that the businesses that generate, treat, and dispose of hazardous waste are properly managing and reducing the risk of their mercury-containing waste, the Administrator of the Environmental Protection Agency should clarify and better describe the types of waste that can and cannot be reported under the "debris" reporting category and include the definition of debris in the instructions for the Hazardous Waste Report.
Closed – Implemented
EPA has implemented this recommendation. EPA clarified the definition for contaminated debris in the Hazardous Waste Report instructions for the hazardous waste reporting cycle that followed the issuance of this report. The definition for contaminated debris now now references the regulatory debris definition found at 40 CFR 268.2(g) and the treatment requirements found at 40 CFR 268.45.
Environmental Protection Agency To better ensure that the businesses that generate, treat, and dispose of hazardous waste are properly managing and reducing the risk of their mercury-containing waste, the Administrator of the Environmental Protection Agency should conduct further outreach to communicate to states and hazardous waste landfills the types of mercury-containing wastes that can be treated and disposed of according to the alternative treatment standards for debris.
Closed – Implemented
EPA has implemented this recommendation. In May and August 2006, EPA conducted outreach to states through the Association of State and Territorial Solid Waste Management Officials. EPA conducted a similar outreach to hazardous waste landfill operators in May and September 2006. EPA also conducted outreach on its Safe Mercury Management website by providing a link to its mercury-containing debris memo.

Full Report

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Topics

Data collectionEnvironmental monitoringEnvironmental policiesstate relationsHazardous substancesHazardous wastesHealth hazardsLand managementPollution controlStandardsWaste disposalWaste managementWaste treatmentLandfillsMercury