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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 EventNotes on Significance to Mining Waste
10/21/1976Enactment of Resource and Conservation and Recovery Act (RCRA) (662 KB)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…”
12/18/1978EPA proposes first set of hazardous waste management standards (PDF) (volume 43 of the Federal Register (FR) starting on page 58945) (63 MB)Wastes from mining are proposed to be designated as three of the six “special wastes”, which are exempt from RCRA Subtitle C regulations
10/12/1980Solid Waste Disposal Act Amendments enacted (pdf) (4.58 MB)Bevill amendment added: temporarily exempts three special wastes from hazardous waste regulation until further study is completed
11/19/1980EPA promulgates interim final amendments to the hazardous waste regulations (pdf) (45 FR 76618)(491 MB)Includes an exclusion for mining waste from the definition of hazardous waste
10/31/1983EPA misses the statutory deadline for submitting mining waste report to Congress 
08/1984EPA is sued for failing to submit the report to CongressEPA 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
10/2/1985EPA proposes in the Federal Register to reinterpret the scope of the mining waste exclusion (pdf)(20.4 MB) 
12/31/1985EPA submits a report to CongressReport on Wastes from the Extraction and Beneficiation of Metallic Ores, Phosphate Rock, Asbestos, Overburden from Uranium Mining, and Oil Shale
07/3/1986EPA publishes final Regulatory Determination for Extraction and Beneficiation Waste (pdf)(51.7 MB) 
07/1988EPA 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:

9/1/1989 Federal Register notice (pdf)(refer to page 36592)(122 MB)

1/23/1990 Federal Register notice (pdf)(refer to page 2322)(41.8 MB)

 
07/31/1990EPA submits report to Congress on Special Wastes from Mineral Processing 
06/13/1991EPA publishes Special Wastes from Mineral Processing Final Regulatory Determination and Final Rule (pdf)(28.7 MB) 
05/26/1998EPA publishes Land Disposal Restrictions Phase IV (pdf)(9.1 MB) 
04/4/2006EPA publishes Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as “Chat" (pdf)(2.1 MB) 
07/18/2007EPA formalizes criteria in publication of “Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as ‘Chat’" (pdf)(2.4 MB) 

Additional Information

Search EPA's Archive for:

  • Criteria for the Safe and Environmental Protective Use of Granular Tailings Known as “Chat.”
  • Supporting Materials for the May 26, 1998 Land Disposal Restriction Phase.
  • Supporting Materials for the December 31, 1985 Report to Congress.
  • Notice of Available Data on Wastes from Extraction and Beneficiation, March 1, 1995.
  • Identification/Description of Sectors/Waste Streams.
  • Applicability of the TCLP to Mineral Processing Wastes.
  • Mineral Processing Facilities Placing Mixtures of Exempt and Non-Exempt Waste in On-Site Waste Management Units.
  • Remanded Smelting Wastes.
  •  Lightweight Aggregate Production.
  • Titanium Tetrachloride Production.
  • Human Health and Environmental Damages.
  • Site Visit Reports.
  • Regulatory Impact Analysis.
  • Capacity Analysis Background Document.
  • May 1998 Land Disposal Restrictions Phase IV.
Contact Us About Hazardous Waste to ask a question, provide feedback, or report a problem.
Last updated on March 5, 2026
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