How 13 million pounds of hazardous powder wound up in an abandoned Missouri warehouse – KBIA

Report on Hazardous Material Management and Recycling Practices in the United States

Introduction

On October 30, 2013, trucks carrying 66 tons of hazardous material departed from Yazoo City, Mississippi, transporting plastic dust contaminated with lead, cadmium, and chromium to Berger, Missouri, a small town of 250 residents along the Missouri River. Over the following months, additional shipments totaling 6,500 tons (13 million pounds) accumulated in a warehouse near Berger. This report examines the handling, recycling, and regulatory challenges associated with this hazardous material, emphasizing the implications for Sustainable Development Goals (SDGs), particularly SDG 3 (Good Health and Well-being), SDG 6 (Clean Water and Sanitation), SDG 11 (Sustainable Cities and Communities), SDG 12 (Responsible Consumption and Production), and SDG 15 (Life on Land).

Background and Regulatory Framework

U.S. Technology Corp. and Recycling Program

• U.S. Technology Corp., led by Raymond Williams, specialized in leasing sandblasting materials and equipment for major restoration projects, including the Statue of Liberty and Vietnam Veterans Memorial.
• The sandblasting material, composed of plastic pellets contaminated with heavy metals, was recycled under the Resource Conservation and Recovery Act (RCRA), which allows recycling of hazardous materials if certain conditions are met.
• Conditions for exemption from hazardous waste regulation included:
  1. The recycled product must serve as a usable replacement for the original material.
  2. The product must not come into direct contact with soil.
  3. Recycling must occur within one to two years to avoid speculative accumulation.
• This exemption enabled significant cost savings by avoiding permits and hazardous waste disposal fees.
• The program received approval from 48 states and was recognized for contributing to waste minimization efforts, aligning with SDG 12.

Collaboration with Hydromex and Facility Operations

• In 2000, U.S. Tech partnered with Hydromex to recycle sandblasting powder into concrete blocks at a Yazoo City facility.
• Hydromex failed to produce structurally sound blocks and began illegally burying the hazardous material, leading to environmental contamination.
• Hydromex was shut down in 2002; its president was sentenced to prison for illegal disposal activities.
• Federal investigations cleared Williams of conspiracy, identifying him as a victim of Hydromex’s misconduct.

Environmental and Regulatory Challenges

Cleanup Efforts and Legal Agreements

• Williams voluntarily approached the Mississippi Attorney General to remediate the Hydromex site, proposing to excavate and recycle the buried hazardous material.
• In 2003, an agreed order with the Mississippi Department of Environmental Quality (MDEQ) granted U.S. Tech one to two years to remove and recycle the material.
• The cleanup extended to 2007 due to investigation delays, weather conditions, and volume of waste.
• Further amendments to the agreed order in 2011 and 2013 extended deadlines and permitted the use of recycled material in road base projects.

Failed Recycling Projects and Regulatory Concerns

• The planned road base project was canceled due to funding cuts, leading to disputes over alternative recycling methods.
• MDEQ denied permission to move the material to a nearby site due to concerns about further contamination, reflecting SDG 6 and SDG 15 priorities.
• Williams engaged with industry contacts to relocate the material to a warehouse in Berger, Missouri, operated by Missouri Green Materials.
• Trucks transported millions of pounds of hazardous powder to Berger between October and December 2013 without proper permits, violating the agreed order and federal regulations.

Legal and Environmental Implications

Hazardous Waste Classification and Interstate Transport

• Hydromex’s speculative accumulation of material classified it as hazardous waste under federal law, requiring proper handling and permits during transport.
• Mississippi’s recycling exemption applied only within state borders; transporting the material to Missouri without permits was illegal.
• Missouri Department of Natural Resources deferred to Mississippi’s classification, considering the material hazardous waste.
• Federal prosecutors later charged Williams and associates with illegal transport and dumping to avoid disposal costs.

Impact on Sustainable Development Goals

1. SDG 3 (Good Health and Well-being): Exposure to toxic heavy metals posed health risks to workers and nearby communities.
2. SDG 6 (Clean Water and Sanitation): Contamination of soil and water around the Yazoo City site threatened local water quality.
3. SDG 11 (Sustainable Cities and Communities): Improper hazardous waste management compromised community safety and environmental quality in Berger and Yazoo City.
4. SDG 12 (Responsible Consumption and Production): The case highlights challenges in hazardous waste recycling, emphasizing the need for strict compliance and sustainable practices.
5. SDG 15 (Life on Land): Soil contamination and potential ecosystem damage resulted from improper disposal and storage practices.

Conclusion and Recommendations

The case of U.S. Technology Corp. and its handling of hazardous sandblasting powder underscores the complexities of recycling hazardous materials within regulatory frameworks. While the initial program aligned with sustainable waste minimization goals, failures in subcontractor management, regulatory compliance, and interstate transport led to significant environmental and legal challenges.

Recommendations for Future Practice

• Ensure strict adherence to hazardous waste regulations, including permits and transport requirements, to protect public health and the environment.
• Enhance inter-agency communication and coordination across state lines to manage hazardous materials effectively.
• Promote transparent and responsible recycling practices that align with SDG 12 to minimize environmental impact.
• Invest in community engagement and monitoring to safeguard local ecosystems and water resources, supporting SDG 6 and SDG 15.
• Develop contingency plans for recycling projects to mitigate risks associated with funding or operational failures.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 3: Good Health and Well-being
   • Exposure to hazardous materials containing lead, cadmium, and chromium poses serious health risks, including carcinogenic effects.
2. SDG 6: Clean Water and Sanitation
   • Contamination of soil and water around the hazardous waste sites threatens clean water sources.
3. SDG 9: Industry, Innovation and Infrastructure
   • Development and use of recycled materials in construction (e.g., concrete blocks with recycled sandblasting powder) relate to sustainable industrial innovation.
4. SDG 11: Sustainable Cities and Communities
   • Issues of hazardous waste management impact community safety and environmental sustainability in small towns like Berger, Missouri.
5. SDG 12: Responsible Consumption and Production
   • Recycling hazardous materials under federal law and managing waste responsibly are central themes.
6. SDG 15: Life on Land
   • Soil contamination and improper disposal of hazardous waste affect terrestrial ecosystems.
7. SDG 16: Peace, Justice and Strong Institutions
   • Legal and regulatory challenges, enforcement of environmental laws, and accountability of companies and government agencies are highlighted.

2. Specific Targets Under the Identified SDGs

1. SDG 3: Good Health and Well-being
   • Target 3.9: Reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination.
2. SDG 6: Clean Water and Sanitation
   • Target 6.3: Improve water quality by reducing pollution, eliminating dumping, and minimizing release of hazardous chemicals and materials.
3. SDG 9: Industry, Innovation and Infrastructure
   • Target 9.4: Upgrade infrastructure and retrofit industries to make them sustainable, with increased resource-use efficiency and greater adoption of clean and environmentally sound technologies.
4. SDG 11: Sustainable Cities and Communities
   • Target 11.6: Reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management.
5. SDG 12: Responsible Consumption and Production
   • Target 12.4: Achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks.
   • Target 12.5: Substantially reduce waste generation through prevention, reduction, recycling, and reuse.
6. SDG 15: Life on Land
   • Target 15.1: Ensure the conservation, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services.
7. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator for SDG 3.9:
   • Incidence and mortality rates associated with exposure to hazardous chemicals such as lead, cadmium, and chromium.
   • Number of people exposed to toxic materials due to improper waste management.
2. Indicator for SDG 6.3:
   • Levels of contamination in soil and water around hazardous waste sites.
   • Number of sites with hazardous waste contamination remediated.
3. Indicator for SDG 9.4:
   • Percentage of recycled materials used in industrial products (e.g., concrete blocks with 10% recycled sandblasting powder).
   • Number of facilities adopting sustainable recycling technologies.
4. Indicator for SDG 11.6:
   • Amount of hazardous waste properly managed versus illegally dumped.
   • Incidents of environmental contamination in communities.
5. Indicator for SDG 12.4 and 12.5:
   • Percentage of hazardous waste recycled within the legally mandated timeframe (e.g., 75% recycled within one year).
   • Number of violations related to hazardous waste management and illegal dumping.
6. Indicator for SDG 15.1:
   • Extent of soil and water contamination due to hazardous waste accumulation.
   • Area of land restored after contamination.
7. Indicator for SDG 16.6 and 16.7:
   • Number of enforcement actions taken against illegal hazardous waste disposal.
   • Effectiveness of inter-state regulatory cooperation and compliance monitoring.

4. Table of SDGs, Targets, and Indicators

Source: kbia.org