US Ecology Nevada, Inc. High Mercury Subcategory Wastes Land Disposal Restrictions Variance
Published Date: 2/6/2026
Proposed Rule
Summary
The EPA is proposing to let US Ecology Nevada treat and safely bury elemental mercury waste from high mercury materials under special rules. This change affects how mercury waste is handled at facilities in Nevada and Pennsylvania, aiming to protect people and the environment while allowing some flexibility. Comments on this plan are open until March 9, 2026, so stakeholders can weigh in before it’s finalized.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Site-specific land disposal allowed
EPA is proposing to let US Ecology Nevada dispose of treated elemental mercury in a designated monofill at USE's Beatty, Nevada Subtitle C facility, with the treatment portion performed at Bethlehem Apparatus in Hellertown, Pennsylvania. This applies to elemental mercury reclaimed from high mercury wastes (those >260 mg/kg) that are converted to mercury sulfide (HgS), blended with linear low-density polyethylene (LLDPE), extruded as a monolith, and placed in DOT-rated nonreactive containers for disposal.
Testing and leaching limits required
USE must meet the concentration-based Land Disposal Restrictions (LDR) standard of 0.025 mg/L mercury using TCLP (Method 1311) for HgS waste and must verify performance using LEAF Method 1315 with mercury-specific modifications at least quarterly for the first two years and annually thereafter. EPA also requires periodic verification testing on two batches per test interval and additional SW-846 leaching evaluations as described in the proposed conditions.
Bevill-exempt gold-mining wastes included
EPA is proposing that the variance cover elemental mercury reclaimed from RMERC of D009/U151 wastes and Bevill-exempt high mercury wastes generated in the U.S. gold mining industry, allowing those reclaimed elemental mercury materials to be treated (converted to HgS, encapsulated) and land disposed under the proposed conditions.
Permits and monofill conditions required
Before construction or acceptance of any HgS waste, USE must obtain all necessary federal, state, and local permits and the Beatty monofill must meet Subtitle C standards and Nevada Department of Environmental Protection permitting requirements. The monofill must be a segregated Hazardous Waste (Subtitle C) unit in an arid area (the site has average annual rainfall of less than seven inches) with a separate leachate collection system and will accept only HgS waste treated by the approved process.
Disposal location minimizes exposure
EPA states the selected Beatty, Nevada disposal location is in an arid environment with less than seven inches average annual rainfall and the nearest residence is approximately eleven miles away; EPA preliminarily concludes this minimizes leachate generation and human interaction with the site. Disposal is restricted to the designated monofill with its own leachate collection system to reduce potential mercury migration.
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Key Dates
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