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EPA/OLEM RIN: 2050-AH21 Publication ID: Fall 2022 
Title: Response to Petition for Site-Specific Variance for Elemental Mercury Wastes (D009 and U151) Under the Land Disposal Restrictions 
Abstract:

The Environmental Protection Agency (EPA) is reviewing US Ecology's request for a site-specific variance for a new Land Disposal Restrictions (LDR) treatment technology that stabilizes elemental mercury extracted from high-level mercury-containing wastes through a process of conversion to mercuric sulfide followed by double encapsulation and monofil disposal. Upon completing review of a petition and decision for approval or denial of the petition, EPA provides public notice for comment in the Federal Register of the intent to approve or deny it. If EPA publishes a notice for approval of the petition, EPA will concurrently propose to revise the regulations to include the variance. Due to reduced demand for mercury, which has been accelerated by the Mercury Export Ban Act (MEBA) and, subsequently, the Lautenberg Act, the LDR treatment standard for high level mercury-containing wastes no longer reliably results in returning recovered mercury to the marketplace. The treatment technology described in the variance request would offer a permanent disposal solution for the expanding stores of elemental mercury wastes across the U.S.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 268.42(b)    40 CFR 268.44   
Legal Authority: 42 U.S.C. 6942   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2023 
Additional Information: .
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Bethany Russell
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460
Phone:404 562-8452
Email: russell.bethany@epa.gov