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Mercury
Draft PBT National Action Plan for MercuryPrepared by: The 1998 draft National Mercury Action Plan on this webpage is out of date. It is left here for reference purposes. DO NOT QUOTE OR CITE WORKING DRAFT
IntroductionMercury has long been known to have toxic effects on humans and wildlife. For centuries, mercury miners have had their work time-limited. In the nineteenth century, observation of toxicity in hatmakers using mercury brought the phrase "mad as hatters" into our lexicon. Mercury is a toxic, persistent, bioaccumulative pollutant that affects the nervous system. Methylmercury is the chemical species that bioaccumulates in fish. People who consume large amounts of fish are at risk of adverse effects of methylmercury on the nervous system. Because the developing nervous system is more vulnerable to mercury toxicity, children exposed to methylmercury through their mother's consumption of fish and individuals who eat large amounts of fish from local waters because of economic or cultural reasons are particularly at risk of adverse effects. Mercury is the most frequent basis for fish advisories, represented in 60 percent of all water bodies with advisories. Forty-one states have advisories for mercury in one or more water bodies, and eleven states have issued statewide mercury advisories. Every Environmental Protection Agency (EPA) program, both regulatory and voluntary, is concerned with some aspect of exposure to mercury. Under these programs, the Agency has taken many actions to reduce human and environmental exposure to mercury, but there is still more work to be done. Both the 1995 and 1997 Great Waters Reports to Congress highlighted the risks of mercury in the Great Lakes, Chesapeake Bay, the Gulf of Mexico, Lake Champlain, and our coastal waters. In April 1997, President Clinton issued an Executive Order requiring each federal agency to assess risks that disproportionately affect children, including risks from mercury. On April 7, 1997, the United States and Canada signed the Binational Toxics Strategy, developed under the Great Lakes Water Quality Agreement. The Binational Toxics Strategy sets a challenge of 50 percent reduction by 2006 in the deliberate use of mercury nationwide and in the aggregate of releases to the air nationwide and to the water within the Great Lakes Basin. Most recently, on February 19, 1998, President Clinton and Vice President Gore released the Clean Water Action Plan, which provides a blueprint for restoring and protecting the nation's water resources. The Clean Water Action Plan includes many key actions to ensure that the nation's waters support healthy people, including specific actions to address mercury and other contaminants. In the Clean Water Action Plan, EPA commits to developing in 1998, a multimedia strategy addressing mercury and other persistent, bioaccumulative and toxic pollutants that cannot be fully addressed through single media controls and approaches. As required by the Clean Air Act (CAA) Amendments of 1990, in December 1997 EPA issued the Mercury Study Report to Congress. The extensively peer-reviewed Mercury Study Report to Congress inventories the quantity of mercury emissions to the air from a number of sources related to human activity; assess mercury transport and environmental exposure to wildlife and human populations; estimates the health and environmental impacts associated with this exposure; and describes the technologies (and associated costs) available to control these mercury emissions. Recent and planned EPA actions will greatly reduce releases of mercury to the environment and mercury exposures. Building on this foundation, more remains to be done. The recommendations in EPA's Action Plan for Mercury are an example of how the Agency can work cooperatively across media programs to address persistent, bioaccumulative, toxic pollutants that move from land, to air, water and sediment. Return to the Table of Contents Overview of the Mercury ProblemAs it moves through environmental media, mercury undergoes a series of complex chemical and physical transformations. These scientific issues were addressed in the Mercury Study Report to Congress:
Return to the Table of Contents Strategic ApproachA successful action plan for identifying and reducing risks from exposure
to mercury requires a new multimedia approach. As first step, EPA has
analyzed current regulations, initiatives, and programs which manage and
control mercury, and has identified a set of cost-effective options to
move toward achieving further reductions. The cross-agency work group
that developed this Action Plan is continuing to look for opportunities
to address mercury through a more integrated multimedia approach The Agency
proposes to take the following actions, in consultation with other federal
agencies, and with the involvement of states, tribes and other stakeholders:
Return to the Table of Contents Key Mercury Action ItemsThe list below provides more detail about the most significant actions that EPA is undertaking to deal with the problem of mercury exposure. It is not an exhaustive list, and many other EPA activities related to mercury will continue. For further information on these or other mercury activities, please contact the offices involved. 1. Air RegulationsMunicipal Waste Combustion Regulation EPA established the emission limits for MWCs in December 1995. New MWC units must comply at start-up and existing MWC units must comply by December 2000. The control system used at MWCs is acid gas/PM scrubbing to reduce organic emissions, acid gas emissions, and metals emissions, other than mercury. To control mercury, the scrubbing system is supplemented with activated carbon injection. A number of acid gas/PM scrubbing systems with carbon injection have been installed and other retrofits are underway. Available data indicates the control systems achieve over 90% mercury control. At the same time, battery manufacturers are reducing the mercury content of batteries which will also reduce the mercury emissions. Based on available data, overall mercury emissions from MWCs were estimated to be 54 tons per year (tpy) in 1990, were reduced to 29 tpy in 1995, and will be less than 5 tpy when all retrofits are completed. Office: Office of Air and Radiation, Office of Enforcement and Compliance Assurance Milestones: New MWC units must comply at start-up and existing MWC units mus comply by December 2000. Medical Waste Incinerators Regulations Office: Office of Air and Radiation, Office of Enforcement and Compliance Assurance Milestones: New MWI units must comply at start up and existing MWI units must comply by September 2002. Promulgate Hazardous Waste Combustion Facilities Regulations As required by the Clean Air Act, the final mercury standard will embody the maximum degree of reduction in emissions taking into consideration, as appropriate, the cost of achieving the emissions reduction. This strict, protective mercury standard will be based on mercury feedrate control (in the hazardous waste) and possibly also on other air pollution control technologies. The final rule is expected to achieve a substantial overall reduction in mercury emissions from these hazardous waste combustion facilities. Office: Office of Solid Waste, Office of Enforcement and Compliance Assurance Milestones: Final hazardous waste combustion facilities (incinerators, cement kilns, and lightweight aggregate kilns) regulations will be promulgated by February 1999. Develop Recommendations to Limit Emissions from Additional Source
Categories Office: Office of Air and Radiation Milestones: Proposed regulations by end of 2000 Mercury Emissions from Power Plants EPA intends to gather high quality emissions data about coal-fired electric generating plants to address current uncertainties about mercury emissions and support a regulatory action. To accomplish this, the Agency is requesting comments on a proposal to require all coal-fired power plants above 25 MW to provide the results of analysis to determine the mercury content of the coal they are burning. In addition a sample of plants would be required to perform stack testing for quantity and species of mercury emissions. The information obtained from this effort will allow EPA to calculate the amount and species of mercury emitted by each coal fired plant above 25 MW. This information will be available to the public. Office: Office of Air and Radiation Milestones: Public comment period on notice closes on October 22, 1998. After OMB approval, EPA will send out letters requiring emissions information in the fall of 1998. Promulgate Emissions Standard for Chlorine Production Facilities Office: Office of air and Radiation Milestones: Proposed standard- November, 1999. Final standard - November, 2000. 2. Linking Air Emissions to Water Quality Impacts to Prioritize Control ActionsEPA will combine tools in the Clean Air Act and Clean Water Act to foster an air deposition/water quality management approach with state and local partners, including providing states and tribes with tools for developing and implementing total maximum daily loads (TMDL) for mercury from air deposition. EPA is also working on improving methods to identify sources by developing ways to trace pollutants back to sources, distinguishing between anthropogenic and natural sources, and attributing atmospheric loads to particular sources. The goal of the TMDL pilot project is to demonstrate how to develop a TMDL for a waterbody that receives mercury from air deposition. The project will evaluate how to access and use existing air and water data to develop the TMDL, as well as how existing air and water modeling methods can be used. The project will also examine linkages between the Clean Air Act and Clean Water Act, and specifically, what state, local, tribal, or federal regulatory authorities that can be used to modify source air emissions to meet needed loading reduction goals. To evaluate progress and emerging problems, EPA needs an updated information base on levels of mercury and other persistent, bioaccumulative toxics in fish. EPA will conduct a "National Study of Chemical Residues in Fish". This survey will evaluate the incidence and severity of mercury and other persistent, bioaccumulative toxicants in fish downstream of suspected problem areas and in background areas. EPA will work in partnership with state and tribal Departments of Health and Environmental Protection to carry out the study. Office: Office of Air and Radiation, Office of Research and Development, Office of Water, Office of Enforcement and Compliance Assurance Milestones: Complete the TMDL for mercury by end of 1999. Complete studies on identifying sources by tracing emissions by end of 2000. Initiate the "National Survey of Chemical Residues in Fish" in FY 1999. 3. Revision of Mercury Water Quality CriterionUnder the Clean Water Act, EPA establishes water quality criteria, that are used by states and tribes to establish enforceable water quality standards. Water quality standards may reflect a variety of site-specific considerations. Water quality standards are reflected in permits for dischargers to surface waters and in a variety of other regulatory actions. The current national water quality criterion for mercury uses a method for estimating fish-tissue levels, the bioconcentration factor (BCF), which does not include biomagnification in the food chain. EPA subsequently published a water quality criterion for mercury in the Great Lakes basin which is based on use of a bioaccumulation factor (BAF), which does include biomagnification in the food chain. The Office of Water (OW) is accelerating development of a revised water quality human health criterion for mercury, which will reflect two major elements:
The combined effect of these changes will be to make the criterion more reflective of sound science and current risk assessment practice. The preferred approach to the revised criterion will be a methylmercury fish level to be used with measured fish tissue me hylmercury levels. States and tribes which elect to depart from the preferred approach wi l be referre to defaults which will include mercury and methylmercury water levels. These water level are likely to be more stringent than the current criterion. The direct effect of a more stringent water quality criterion may be to include new or more stringent discharge limits for direct dischargers to surface water (both industries and municipalities). Cu rently, direc water discharges are believed to be small compared to input from air de osition. Nonetheless, limits on direct discharges may be an important part of achieving mercur reduction goals. In parallel with the revision of the water quality criterion, OW will be revising its required analytical method to be more sensitive (below the new criterion le el and less subject to sample contamination. Together, these changes will lead to a more precise measure of mercury levels in water discharges and to more effective water quality-based effluent limits when the discharges are contributing to exceedances of water quality standards. EPA expects that permittees will most likely first consider pollution prevention to find and control sources of mercury into the wastewater, rather than end-of-pipe treatment to meet limits. Indirectly, but no less importantly, revision of the water quality criterion will contribute to EPA's efforts to integrate assessment of watersheds and airsheds in order to target air pollution control and other activities to reduce mercury levels in water and ultimately, in fish and the humans and animals that eat fish. With the release of the Mercury Study Report to Congress, the Agency committed to participate in an interagency review of recent human data on methylmercury. This review will concentrate on levels of exposure to mercury associated with subtle neurological endpoints and is aimed at achieving consensus among Federal agencies on estimates of human risk. A workshop is scheduled for November 1998. In addition, Congress has required an 18-month National Academy of Sciences study and recommendation on the reference dose for methyl mercury. Office: Office of Water Milestones: Draft human health criteria methodology by the end
of calendar 1999. 4. Pursue Voluntary Reductions in Industrial Use and ReleasesSupport Regional, State and Local Actions to Reduce MercuryMercury consumption in the United States is attributable primarily to a few categories of products and processes, including the manufacture of chlorine and caustic soda, wiring devices and switches, measuring and control instruments, dental amalgam and laboratories. EPA is pursuing a number of voluntary reduction initiatives in these industrial uses and releases of mercury. Ongoing and planned mercury reduction actions include:
Office: Office of Prevention, Pesticides, and Toxic Substances, Regions 1 and 5 5. Reduce Reporting Threshold for Mercury Under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).Mercury and mercury compounds are currently listed under section 313 of EPCRA and reports are received from facilities that manufacture, process, use, release into the environment, or otherwise manage as waste mercury and mercury compounds. These reports are made available to the public through the Toxics Release Inventory (TRI). However, to date the reports have come from a fairly small number of large sources, such as chlor-alkali plants. In 1997, the categories of industrial facilities required to report under EPCRA section 313 were expanded to cover, among others, electric utilities, and hazardous waste treatment, storage and disposal (TSD) facilities. Combustion of fossil fuels for energy has been identified as a major source of mercury. Therefore, the facilities expansion could result in significant increases in reporting of mercury under EPCRA section 313. It is likely that, to date, few reports on mercury releases have been received under EPCRA section 313 because reporting thresholds have been too high to capture mercury releases from many covered facilities. In order to ensure that reporting on mercury under EPCRA section 313 will be fully effective, especially taking into account releases from industrial facilities newly subject to EPCRA section 313, EPA is considering reducing the reporting threshold for mercury. EPA can reduce reporting thresholds from the levels set out under EPCRA section 313 as long as the new threshold "shall obtain reporting on a substantial majority of total releases of the chemical at all facilities subject to the requirement of this section." EPA is currently reviewing data on mercury in light of the criteria established in the statute for revision of the TRI reporting threshold. EPA expects to propose a rule lowering the reporting thresholds for chemicals that persist and bioaccumulate (including mercury and mercury compounds) by the end of 1998. A final rule is expected by the end of 1999. Reporting under the final rule would be expected to begin in 2000, with the first reports covered by the new rule released in 2001. Office: Office of Prevention, Pesticides, and Toxic Substances Milestones: Proposed Rule - end of 1998. Final Rule - end of 1999 6. Develop Disposal Options for Hazardous Wastes Containing MercuryCurrent waste treatment standards for many hazardous wastes containing mercury are based on recovery of mercury through retorting. EPA is planning to evaluate other options because 1) the supply of recycled mercury is increasing while the demand is decreasing and 2) there are concerns over potential emissions from retorting. In addition, for organic hazardous wastes which contain mercury, the current treatment standards are often based on incineration, which also raises concerns over air emissions. Therefore, EPA is considering an Advance Notice of Proposed Rulemaking (ANPRM) to revise its hazardous waste treatment standards to include alternatives based on permanent stabilization of mercury. These alternatives could also apply to elemental mercury. The Agency hopes to issue this ANPRM in 1999. Office: Office of Solid Waste Milestones: ANPRM in 1999 7. Give High Priority to Mercury in International EffortsMercury's ability to be cycled globally poses both a challenge and an opportunity to the U.S. As long as mercury is produced, used and released into the environment in other countries, the U.S. will be on the receiving end of some mercury, thus reducing the overall impact of our domestic mercury control measures. Yet, this problem represents a real opportunity for the U.S. to demonstrate leadership internationally on mercury risk characterization and risk reduction. EPA is participating in bilateral and international fora to encourage the cooperative development and use of relevant scientific and technical information about mercury. These fora include the U.S.-Canada Great Lakes Binational Toxics Strategy, the North American Commission for Environmental Cooperation (CEC) and its Sound Management of Chemicals Initiative, the U.N. Economic Commission for Europe's Convention on Long-Range Transboundary Air Pollution (LRTAP) and its legally-binding protocol on mercury and other heavy metals, the Organization for Economic Cooperation and Development (OECD) and its programs on heavy metals risk management and the elimination of environmentally adverse economic subsidies, the Arctic Monitoring and Assessment Program (AMAP), and the New England Governors/Eastern Canadian Premiers (NEG/ECP) Mercury Action Plan. On April 7, 1997, the United States and Canada signed the Great Lakes Binational Toxics Strategy. The 50% emissions reduction goal of the binational strategy is detailed on page 2 of this action plan. At the present time the EPA and Environment Canada are working with all industrial sectors that release mercury, States, Tribes, environmental groups and the public, to help identify and undertake specific mercury reduction activities. Under the CEC Resolution #95-5 mercury was identified as one of the first four chemicals selected for the Sound Management of Chemicals Initiative. A North American Regional Action Plan (NARAP) on mercury has been developed that establishes a number of cooperative initiatives among Mexico, Canada, and the United States to improve the scientific understanding of the mass balance of mercury in North America, to promote pollution prevention actions across the continent, and to assist Mexico in capacity building. By June of 1999, phase II of the NARAP will be completed. It will establish specific action-oriented commitments for activities addressing mercury use and reductions. In February 1998 the U.S. and other Parties to the U.N. Economic Commission for Europe's Convention on Long-Range Transboundary Air Pollution (LRTAP) concluded negotiations on a legally-binding protocol on mercury and other heavy metals. The protocol includes obligations to control mercury emissions from stationary sources and to establish and report mercury emissions inventories. It also contains obligatory and voluntary provisions regarding the use of mercury in products. The U.S. can take a number of steps to encourage other ECE countries to comply with the protocol. Through the Arctic Monitoring and Assessment Program and other international initiatives, the U.S. is collaborating with other countries to better characterize and understand the international or transboundary nature of mercury sources, transport, deposition and fate. In addition, the U.S. will continue to encourage other countries to undertake domestic mercury risk reduction measures, with a focus on pollution prevention approaches. This could involve working bilaterally on a government-to-government basis and multilaterally through the OECD, the LRTAP Convention or other international fora. On June 8, 1998 The New England Governors/Eastern Canadian Premiers signed a resolution concerning mercury and its impacts on the environment. In addition, the Governors and Premiers adopted the Mercury Action Plan which has as its regional goal "The virtual elimination of the discharge of anthropogenic mercury into the environment." The NEG/ECP has established a task force, which includes the New England states, the Eastern Canadian Provinces, to coordinate and implement the Mercury Action Plan. The action plan identifies 45 specific actions to reduce mercury emissions. Including emission reduction targets from specific source categories, such as municipal waste combustors, medical waste incinerators, sludge incinerators, utility and non-utility boilers, industrial and area sources and source reduction and safe waste management of mercury. Office: Office of International Activities, Office of Prevention, Pesticides, and Toxic Substances, Office of Research and Development, Regions 1, 5, and 10 Milestones: Representation for Heavy Metals (including mercury) at AMAP Expert and Working Group Meeting , Anchorage AK, April 20-24, 1998. Representation For Mercury at the Arctic Council Senior Officials meeting, London, UK, August 1998. Signing of LRTAP Heavy Metals Protocol, Denmark, June 1998. Development and implementation of cooperative mercury monitoring programs with other Arctic countries. By June of 1999, phase II of the CEC NARAP will be completed. The Mercury Task force will report back to the NEG/ECP Committee of the Environment in June 1999. 8. Develop a Mercury Research/Monitoring Strategy and Implement an EPA Mercury Research/Monitoring PlanThe Office of Research and Development (ORD), in cooperation with scientists from EPA program offices and regions, will develop a mercury research/monitoring strategy to facilitate coordination and communication on mercury-related research plans and projects among organizations in the public and private sectors, including other Federal agencies, state governments, academia and industry. This brief strategy document will be developed using as its basis the risk-based framework in the Mercury Study Report to Congress and will include the following summary information:
The strategy will identify the scientific and technical information needs and priorities for research in the relevant areas. Some of the research areas that may be addressed are: emission characterization, atmospheric transport and fate, deposition, fate in terrestrial and aquatic media, bioaccumulation, ecological toxicity, health effects, exposure, monitoring, risk communication, and risk management-related prevention, control, and remediation of mercury and mercury compounds. ORD initiated the strategy development effort in January 1998 and will make available a draft that is ready for peer review by October 30, 1998. Based on the mercury research/monitoring strategy, ORD and other EPA offices, in cooperation with the greater scientific community, will develop and implement an EPA research/monitoring plan. The plan will build on ongoing research efforts in the areas of mercury fate and transport modeling and monitoring, assessment methods development for health and ecological impacts, risk communication, and advances in pollution prevention andother risk management technologies and approaches. The plan will include consideration of the following research areas:
Work under this plan will include research conducted in-house by ORD,
as well as a component of extramural research supported through ORD's
Science To Achieve Results (STAR) grants program. 9. Develop Options For Addressing Abandoned Mines Mercury ProblemMercury at abandoned mine sites is a problem faced by many western States. The mercury at the abandoned mine sites is either from abandoned mercury mines (No active mercury mining occurs in the United States), or from gold and silver mining sites, where mercury was either used as an amalgamation agent in historic large scale placer mining and traditional hard rock mining operations, or from recent small scale "recreational" placer mining operations, which continue to flourish in the western states. To address the potential for mercury contamination of watersheds that drain these abandoned mine sites, EPA will support efforts to fully research the extent and nature of this problem, including efforts to characterize and map the sites, and study watershed impacts downstream. EPA will also support efforts to locate responsible parties where feasible. EPA will also assist in the cleanup and remediation of sites, undertaken by "Good Samaritans" as defined by the law in different States. EPA will consider whether it would be appropriate for certain abandoned sites to be issued NPDES permits, or general storm water permits, where such permits are not currently required or have not been issued. Disposal options will also need to be developed for the disposal of mercury contaminated mining wastes. Currently the common options are to cover the site soils with clean soil, paving, or some other material, or to excavate and transport the contaminated soil to an offsite landfill. Another alternative for small and large sites that should be considered is permanent stabilization of mercury. This has been proposed for an ANPRM in 1998, and the ANPRM could be required to address the potential use of permanent stabilization as a disposal method for mine wastes, including a study of its scientific feasibility and costs. Another alternative to control mercury disposal at small "recreational" placer mining sites, may be to provide specially marked and designed disposal containers for use in small scale placer mining, and education on how and why these containers should be used. Methods to safely dispose these containers must also be developed and implemented. Office: Region 9, Office of Water Milestones: ANPRM in 1998 10. Support Regional, State and Local Actions to Reduce MercuryState and local governments are vital to the achievement of mercury reductions. They have a central role to play in outreach to the business community and to the general public about the importance of properly disposing of mercury-containing products and the alternatives to such products. In addition to this important pollution prevention role, State and local governments have developed innovative mercury reduction laws and regulations that supplement, and in some cases provide a model for, national efforts. EPA supports State and local efforts through funding of mercury reduction projects, provision of information about mercury sources and reduction opportunities, and coordination of joint efforts. This support will be expanded under implementation of the Great Lakes Binational Toxics Strategy. Funding Support: EPA supports State and local efforts through grants to worthwhile projects. Examples of current projects funded by EPA include: an exploration in Minnesota of innovative ways to regulate the release of mercury comprehensively, including from currently-unregulated sources, such as a mercury emissions "cap-and-trade" program; State mercury task forces, which are bringing together stakeholders to make and implement recommendations for sectors that use or release mercury;(1) mercury "clean sweeps" that collect and properly dispose of household and small business stores o unneeded mercury; mercury pretreatment programs at sewage treatment districts investigation of use of me cury in ethnic practices, and a variety of outreach efforts to smal business. State business outreach efforts funded by EPA include a program to encourage heating, ventilation, and air conditioning contractors and suppliers to promote the use of non-mercury thermostats and to properly dispose of mercury thermostats that they replace, and outreach to hospitals and other medical care facilities to encourage them to avoid or limit the use of mercury-containing products and to properly manage the disposal of existing mercury. EPA will continue to fund State and local projects that create innovative ways to reduce mercury or that follow a path of proven success. In addition, EPA will work with states to incorporate mercury reduction activities into the day-to-day work of state environmental agencies by making these activities a priority in Environmental Performance Partnership Agreements (EnPPAs). EnPPAs define the working relationship among state environmental agencies and describe the work that state agencies will do with federal funds. Information and Coordination: EPA also plays an important role by providing information and facilitating information exchange about mercury among States. Currently, this function is most highly developed among the Great Lakes States, where EPA leads a Mercury Workgroup that promotes information exchange about mercury and encourages cooperation among local, state and federal agencies in their mercury reduction efforts. The workgroup has allowed participants to help each other develop more effective programs for the control of mercury, and has helped educate participants on the latest mercury-related research. It also provides a forum for coordination of mercury-related work among staff with responsibilities for different environmental media. The workgroup seeks to reduce mercury releases in the Great Lakes states through the regulatory process and through voluntary pollution prevention programs. Activities that the workgroup engages in include: identification of mercury sources; identification of alternatives to mercury use; refinement of public outreach information and materials; commenting on draft legislation and regulation; development of conferences, and updates on mercury-related research. EPA will expand this role nationally under implementation of the Binational Toxics Strategy, with a Mercury Web Site and list-server to disseminate information about mercury sources and reduction opportunities more broadly, including to State and local governments outside of the Great Lakes basin. This effort will include publicizing model pollution prevention programs that State, Tribal and local governments can adopt. In addition, EPA will support State, Tribal and local efforts to educate the public on appropriate ways to reduce mercury exposure. As part of this effort, EPA will continue to provide State, Tribal and local agencies with technical assistance in the development of fish consumption advisories that reflect local mercury levels and local fish consumption patterns, and which balance the risks of exposure to mercury with the health benefits of including fish in the diet. Finally, the mercury reduction work undertaken through the Binational Toxics Strategy will be coordinated, as much as possible, with other ongoing national, binational, trilateral and international efforts, such as the Commission for Environmental Cooperation (CEC). Legislation and Regulation,: Under the Binational Toxics Strategy, EPA plans to compile and disseminate information on model State, Tribal and local mercury-related legislation and regulation. In addition to the pollution prevention programs described above, individual States have developed legislation or regulations prohibiting incineration or landfilling of mercury-containing lamps and other devices, phasing out the use of mercury in dairy manometers and other products, and requiring manufacturers of mercury relays to develop take-back programs. Publicizing these innovative laws and regulations will provide a possible model for other governments to follow. Recently, Region 5 has begun to coordinate with States on possible expansion of the "Universal Waste Rule" to cover additional mercury-containing wastes beyond the thermostats, batteries and pesticides encompassed by this regulation. Inclusion in the Universal Waste Rule can streamline waste handling requirements and encourage the safe disposal or recycling of mercury-containing products. EPA will consider expansion of this effort on a national basis. EPA will assist States in adoption of regulations to control mercury emissions from medical waste incinerators and municipal waste combustors, and will work with States and sources to develop schedules for compliance with the regulations. Assistance to Sewage Treatment Works: Local sewage treatment works will play an important role in mercury reduction through implementation of pretreatment programs that encourage or require industrial users and households to limit mercury discharges. EPA has funded model mercury pretreatment programs in Duluth, Minnesota and Detroit, Michigan and has developed a compendium of mercury pollution prevention information useful for pretreatment program managers. EPA will provide information to sewage treatment works nationwide on different strategies to reduce mercury releases. These strategies could be considered for development of required pollutant minimization programs, and State and/or Federal compliance assistance efforts. This outreach to sewage treatment works could be part of a multi-media approach for municipalities, including mercury reduction opportunities for all municipal "wastestreams": wastewater, solid waste, and air emissions. Compliance Monitoring and Enforcement: Decrease further environmental contamination from illegal use/disposal of mercury through focused compliance monitoring and enforcement of mercury restrictions and requirements. Focus compliance assistance and outreach, monitoring and/or enforcement on sectors/sources which are significant contributors of mercury loadings to the environment. Where enforcement actions are warranted, use Supplemental Environmental Projects (SEPs) to encourage pollution prevention activities or mitigate damage. To further the Agency's goals to protect and enhance public health and the environment, in applicable circumstances EPA advocates the inclusion of Supplemental Environmental Projects (SEPs) in the settlement of environmental enforcement actions. A SEP is an environmentally beneficial project which a defendant agrees to undertake as part of such a settlement, but which the defendant is not otherwise legally required to perform. This may include cleaning up a damaged area beyond the regulatory requirements or providing some additional protection not required by regulation or statute. A defendant's willingness or ability to perform a SEP is considered as a factor in establishing the final penalty paid by the defendant. EPA particularly encourages SEPs in communities where there are environmental justice concerns, to help ensure that persons who spend significant portions of their time in areas, or depend on food and water sources located near where violations have occurred, are protected. Office: Regions, Office of Air and Radiation, Office of Solid Waste, Office of Water, Office of Enforcement and Compliance Assurance Return to the Table of Contents ReferencesU. S. Environmental Protection Agency and U.S. Department of Agriculture
(1998). Clean Water Action Plan: Restoring and Protecting America's Waters.
EPA-840-R-98-001. Return to the Table of Contents Footnotes1. For instance, Michigan's Mercury Pollution Prevention Task Force secured the commitment of the auto industry to eliminate the use of mercury switches used for convenience lighting. [Return to the text] Return to the Table of Contents
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