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Agency Documents , Alerts, Comments
Link to EPA's Resource for MGP Site Characterization and Remediation
AGA Joins Industry Friend of the Court Brief in New Mexico v. General Electric to Oppose Natural Resource Damages for Site Cleanups (May 27, 2005)
SOS Summary: MGP Cost Recovery from Insurance Companies (Sept. 2004)
NAM's Comments on EPA's Reconsideration of NSR Equipment Replacement Rule (Aug. 30, 2004)
EPA Letter Clarifying TCLP Exemption for MGP Waste (Oct. 19, 2000)
Court Vacates Federal 'Toxic Characteristic Leaching Procedure' (TCLP) For MGP Remediation Waste: Battery Recyclers Assoc. v. EPA (April 21, 2000)
AGA Alert: Court Holds EPA's Toxicity Test Does Not Apply To Manufactured Gas Plant Wastes Under Federal Program (April 21, 2000)
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Presentations

 Court Vacates Federal 'Toxic Characteristic Leaching Procedure' (TCLP) For MGP Remediation Waste: Battery Recyclers Assoc. v. EPA (April 21, 2000) 

Association of Battery Recyclers v. EPA addresses MGP exemption from the Federal Hazardous Waste Program.  On April 21, 2000 the United States Court of Appeals held unanimously that EPA did not properly define "solid waste" and that EPA's treatment standards for MGP waste were lawful.  In order to determine whether a solid waste is toxic, the EPA adopted a test called the Toxicity Characteristic Leaching Procedure (TCLP).  In the Phase IV Rule the EPA used the TCLP as the test for determining the toxicity of mineral processing wastes, including MGP waste. The court held that EPA failed to justify application of the TCLP to MGP waste and, therefore, granted the petition for review in part and vacated the Phase IV Rule insofar as it provides for use of the TCLP to determine whether MGP waste exhibits the characteristic of toxicity.
 

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