EPA Lets High-Mercury Waste Take Cross-Country Road Trip
Published Date: 6/26/2026
Rule
Summary
The EPA is giving U.S. Ecology Nevada a special green light to handle and dispose of high-mercury waste a bit differently than usual. This means mercury waste treated in Pennsylvania can now be safely sent to U.S. Ecology’s Nevada site for disposal under new rules starting July 27, 2026. This change helps protect people and the environment while keeping mercury waste management efficient and cost-effective.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Site-Specific Allowance to Land-Dispose Mercury
EPA is allowing elemental mercury reclaimed from RMERC of certain high-mercury wastes to be converted to mercuric sulfide (HgS), blended with linear low-density polyethylene (LLDPE), extruded into a monolith, and land disposed at U.S. Ecology’s permitted Beatty, Nevada subtitle C monofill. This site-specific treatability variance is effective July 27, 2026 and applies only to elemental mercury treated at Bethlehem Apparatus in Bethlehem, Pennsylvania and disposed at USE’s Beatty, Nevada facility under the conditions in the rule.
Mandatory Leaching and Confirmation Testing
U.S. Ecology must meet a concentration-based LDR leaching standard of 0.025 mg/L using TCLP (Method 1311) for HgS waste and perform periodic confirmation testing using LEAF Method 1315 (modified for mercury): two batches quarterly for the first two years, then two batches annually thereafter. USE must also confirm absence of excess mercury in at least one of every 20 HgS powder batches before blending with LLDPE.
Strict Siting and Design Limits for Beatty Monofill
Disposal of treated HgS waste is conditioned on placement in a permitted, segregated RCRA subtitle C monofill at U.S. Ecology’s Beatty, Nevada facility in an arid location; the monofill’s stormwater controls must contain the water volume from a 24-hour, 100-year event and be independent of other facility systems. Leachate from other units cannot be used for dust suppression, and monofill leachate may be used for dust suppression only if tested and found free of hazardous constituents.
EPA Approval Required for Process Changes
Before accepting HgS powder or HgS waste from any facility other than Bethlehem Apparatus (Bethlehem, Pennsylvania), or before moving blending/extrusion to Beatty, Nevada, U.S. Ecology must submit a revised petition under 40 CFR 268.44 and demonstrate process equivalency, secure necessary permits, and provide third-party sample analyses (at least five samples for an alternate vendor conversion; at least three samples if moving blending/extrusion).
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