October 15, 2021

AROD for Elemental Mercury

In 2008, the Mercury Export Ban Act (MEBA) was signed into law, requiring the Department of Energy (DOE) to establish a system for long-term management of elemental mercury. As part of its record of decision (ROD), which was issued on December 6, 2019 [84 FR 66890], DOE designated the Waste Control Specialists (WCS) facility near Andrews, Texas for long-term management of elemental mercury wastes. The department also established fees for long-term management on December 23, 2019. [84 FR 70402]

These actions were challenged in court by two elemental mercury generators, and DOE agreed to rescind the fee rule and designation of WCS. On October 6, 2020, DOE issued an amended ROD implementing the court settlement. [85 FR 63105] Future rulemaking will be directed at redeveloping a fee system and designating one or more disposal facilities for elemental mercury in a manner that satisfies the court settlement.

 


©2021 McCoy and Associates, Inc. All rights reserved.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

 

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.