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Hazardous Waste

Legislative and Regulatory Timeline for Mining Waste

This timeline walks through the history of mining waste regulation since 1976 and includes information such as regulations, proposals, amendments and reports conducted.

Date(s) Action or Event Notes on Significance to Mining Waste

10/21/1976

Enactment of Resource and Conservation and Recovery Act (RCRA) EPA must perform a “detailed and comprehensive study of the adverse effects of solid wastes from active and abandoned surface and underground mines on the environment…”
12/18/1978 EPA proposes first set of hazardous waste management standards Wastes from mining are proposed to be designated as three of the six “special wastes”, which are exempt from RCRA Subtitle C regulations
10/12/1980 Solid Waste Disposal Act Amendments enacted Bevill amendment added: temporarily exempts three special wastes from hazardous waste regulation until further study is completed
11/19/1980 EPA promulgates interim final amendments to the hazardous waste regulations Includes an exclusion for mining waste from the definition of hazardous waste
10/31/1983 EPA misses the statutory deadline for submitting mining waste report to Congress  
08/1984 EPA is sued for failing to submit the report to Congress EPA responds to the lawsuit by explaining its plan to propose a narrower interpretation of the scope of the Mining Waste Exclusion so that it would encompass fewer wastes
10/2/1985 EPA proposes in the Federal Register to reinterpret the scope of the mining waste exclusion  
12/31/1985 EPA submits a report to Congress Report on Wastes from the Extraction and Beneficiation of Metallic Ores, Phosphate Rock, Asbestos, Overburden from Uranium Mining, and Oil Shale
07/3/1986 EPA publishes final Regulatory Determination for Extraction and Beneficiation Waste  
07/1988 EPA is sued for withdrawing proposal to reinterpret the mining waste exclusion  
9/1/1989 and
1/23/1990
EPA publishes in Federal Register the final boundaries of the Mining Waste Exclusion for mineral processing wastes  
07/31/1990 EPA submits report to Congress on Special Wastes from Mineral Processing  
06/13/1991 EPA publishes Special Wastes from Mineral Processing Final Regulatory Determination and Final Rule  
05/26/1998 EPA publishes Land Disposal Restrictions Phase IV  
04/4/2006 EPA publishes Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as “Chat”  
07/18/2007 EPA formalizes criteria in publication of “Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as ‘Chat’”