In 1984, EPA was sued for failing to submit a report to congress making the required regulatory determination by the statutory deadline (Concerned Citizens of Adamstown v. EPA No. 84-3041, D.D.C., August 21, 1985). In responding to this lawsuit, the Agency explained that it planned to propose a narrower interpretation of the scope of the Mining Waste Exclusion. On December 31, 1985, EPA published the required 1985 Report to Congress on solid wastes from mineral extraction and beneficiation, and on July 3, 1986 (51 FR 24496) published a determination that regulation of such wastes under subtitle C of RCRA was not warranted.
As a result of the 1989 court case Environmental Defense Fund v. EPA, 852 F.2d 1316 (D. C. Cir. 1988), cert. denied, 109 S. Ct. 1120, EPA was directed to issue a series of Bevill rulemaking. The Court also ordered EPA to issue a Report to Congress (please unlink) addressing the 20 special mineral processing wastes. The 1990 Report to Congress was issued in compliance with the Court-ordered deadline.
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Mineral Processing Waste Report to Congress 1985
Mineral Processing Waste Report to Congress 1990