Jump to main content.


Identification and Description of Mineral Processing Sectors and Waste Streams - Final Technical Background Document

Related Links

The purpose of this document is to describe EPA's review of mineral commodities that may generate hazardous wastes as defined by RCRA Subtitle C. These wastes and the facilities and commodity sectors that generate them may be affected by the establishment of Land Disposal Restrictions for mineral processing wastes. Through a series of rulemakings EPA has established and applied criteria to determine which mineral processing wastes are no longer exempt from Subtitle C regulation. These wastes are termed "newly identified" mineral processing wastes.

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

Top of Page

Reports to Congress
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 Wastes from the Extraction and Beneficiation of Metallic Ores, Phosphate Rock, Asbestos, Overburden from Uranium Mining, and Oil Shale (PDF) (306 pp, 1.2MB), 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 addressing the 20 special mineral processing wastes. The 1990 Report to Congress on Special Wastes from Mineral Processing (PDF) (667 pp, 4.5MB) was issued in compliance with the Court-ordered deadline.

Top of Page

Frequent Questions

Top of Page


Local Navigation




Jump to main content.