EPA Okays Stacking Toxic Waste If It Stays Put
Published Date: 12/31/2025
Proposed Rule
Summary
The EPA is proposing to let Clean Harbors in Utah temporarily store certain treated hazardous wastes in special piles at their landfill, as long as the waste doesn’t leak harmful stuff. This change helps Clean Harbors manage up to 250 temporary disposal units while they check the waste meets safety rules. People have until January 30, 2026, to share their thoughts before the rule is final.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
EPA proposes temporary staging for hazardous waste
The EPA is proposing to let Clean Harbors' Grassy Mountain facility temporarily store treated hazardous wastes in up to 250 "put piles" at any one time inside its Subtitle C landfill cell (Cell 8). If the variance is granted, the NMV term cannot be longer than the term of the facility's RCRA Subtitle C permit (the permit was last renewed on October 4, 2023 for a 10-year term).
Time limits and sampling rules for staged waste
Each put pile is about 35 cubic yards and may be staged temporarily for up to six (6) months; when a pile "passes" LDR verification it is generally moved to the working face within 45 days. If initial verification failures exceed 5% in a calendar month, Clean Harbors must do a root cause analysis and change its treatment protocol.
Containment, cover, monitoring and reporting duties
The proposal requires specific engineered controls and monitoring: a 20-mil minimum polyethylene liner under each pile with at least 12 inches visible around the pile, a Posi-Shell cover of at least 3/8-inch (or 20-mil polyethylene sheeting in inclement weather), run-on/run-off controls sized for a 24-hour, 100-year storm, semi-annual groundwater monitoring, daily pile inspections, repair of deficiencies within one week, and written notice to EPA Region 8 within 10 days if migration or a significant unexpected condition is discovered.
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