Calistoga, CA—March 9, 2006—Really, 2 inch holes! The Government Accountability Office (GAO) has issued a report detailing the 2003 disposal of over 25 million pounds of hazardous mercury wastes using a major “loophole” in federal hazardous waste rules. The loophole is for wastes that are too big to fit through a 2 inch opening (60 millimeters), no matter how much mercury they contain.

The loophole in EPA rules allows hazardous waste generators to landfill mercury wastes without determining the mercury content of the wastes or assuring that the wastes were safely treated prior to land disposal. Most critically, the loophole allowed waste generators to avoid the requirement that mercury be removed from the most highly contaminated mercury hazardous wastes prior to landfilling.

The GAO determined the EPA cannot effectively confirm that businesses are properly managing their mercury-containing waste. They found that EPA data does not describe the treatment standard used for most mercury contaminated debris. Additionally, GAO surveys of state regulators and hazardous waste landfill owners revealed confusion about mercury waste disposal rules. This is particularly problematic, the GAO found, if highly contaminated mercury wastes are not treated and disposed of properly.

“If the goal is to keep mercury out of the environment the regulations clearly do not do that- there are too many exemptions” said Paul Abernathy, Executive Director, Association of Lighting and Mercury Recyclers. “It is extremely important to have precise regulations outlining the proper management and disposal of this toxic material as a proactive approach to maintaining a clean environment and protecting public health.”

Improper disposal of mercury waste is problematic because of mercury’s tendency to evaporate, migrate and enter the water supply, which can contaminate fish, wildlife and potentially humans.

The GAO determined the main source of the waste was not hazardous mercury material spills and cleanup sites, as was expected, but rather the result of intermittent events, such as the demolition of production plants, and routine industrial processes, such as replacing pipes in a chlorine plant. These generators were not required to comply with strict mercury treatment regulations and were instead allowed to landfill their wastes under more lenient standards for debris. According to the ALMR “it does not make sense to regulate or exempt a toxic material based on how big or little it is. The mercury should be recovered, period.”

Nationwide, there is much confusion as to what qualifies as debris. The GAO conducted a survey in 48 states asking various authorities and waste disposal professionals their interpretations of the EPA’s regulations. Of those surveyed, 21 states misinterpreted the regulations. Some states failed to recognize that wastes like mercury-containing thermometers and fluorescent lamps are not debris.

Government documents reveal that an increasing amount of mercury hazardous wastes being landfilled each year. In 2003 alone, mercury hazardous waste disposal in landfills had tripled that of previous years. “We seem to be going the wrong way,” Abernathy said. “We are certainly supportive of states, members of Congress and the EPA working together to close this loophole for highly contaminated mercury wastes.

Exposure to mercury contaminants have been linked to a number of health-related problems such as damage to the kidneys, neurological system and unborn fetuses. It is also possible for people to develop mercury poisoning in cases of extreme exposure.

The Association of Lighting and Mercury Recyclers is a non-profit, educational and informational resource to government agencies, municipal authorities, industries and other business entities, Universal Waste handlers, generators, environmental groups and industry trade organizations. The ALMR’s goal is to identify, develop and expand market opportunities for recycling products that contain mercury, and to promote the programs, policies and practices that divert mercury-bearing wastes from the solid waste stream and the environment. For more information on ALMR call: 707-942-2197 or visit: www.almr.org