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STEEL MANUFACTURERS ASS'N v. E.P.A.

Nos. 91-1538, et al. (COMPLEX).

27 F.3d 642 (1994)

STEEL MANUFACTURERS ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. International Mill Service, American Iron and Steel Institute, Zinc Corporation of America, Horsehead Resource Development Company, Inc., and Hazardous Waste Treatment Council, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

John N. Moore, Washington, DC, argued the cause, for petitioner. With him on the joint brief for consolidated industry petitioners were Paul E. Gutermann, Karl S. Bourdeau, Aaron H. Goldberg, John L. Witten-born and William M. Guerry, Jr., Washington, DC. On the brief for intervenor Hazardous Waste Treatment Council were David R. Case and Eli D. Eilbott, Washington, DC.

Robin L. Juni, Atty., U.S. Dept. of Justice, and Steven E. Silverman, Council, U.S. E.P.A., Washington, DC, argued the cause, for respondent. With Robin L. Juni on the brief was Michael A. McCord, Atty., U.S. Dept. of Justice, Washington, DC. Daniel S. Goodman, Washington, DC, entered an appearance.

Before: MIKVA, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed PER CURIAM.

PER CURIAM:

These consolidated petitions for review challenge a final rule promulgated by the Environmental Protection Agency ("EPA" or "agency") under the authority of section 3004 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6924 (1988). The rule, entitled "Land Disposal of Electronic Arc Furnace Dust (K061)," 56 Fed.Reg. 41,164 (Aug. 19, 1991), establishes numerical treatment standards...

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