Title 42The Public Health and WelfareRelease 119-73

§6966b Use of granular mine tailings

Title 42 › Chapter CHAPTER 82— - SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER VI— - FEDERAL RESPONSIBILITIES › § 6966b

Last updated Apr 6, 2026|Official source

Summary

The Administrator must, within 180 days after August 10, 2005, and after consulting the Secretary of Transportation and other federal agency heads, make rules for the safe, environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District (called "chat") in cement or concrete and in transportation construction projects (including asphalt) that use federal funds. The rules must consider whether to set a numeric limit for lead and other hazardous substances. When making the rules, the Administrator must look at past and current uses of chat in asphalt and weigh the environmental and public health risks and benefits of removing, transporting, and using it. The public must be asked for comments. After the rules are made, any use of chat in transportation projects paid for with federal funds must follow them. These rules do not change any law or regulation already in effect on August 10, 2005.

Full Legal Text

Title 42, §6966b

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Not later than 180 days after August 10, 2005, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as “chat”, for—
(A)cement or concrete projects; and
(B)transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.
(2)In establishing criteria under paragraph (1), the Administrator shall consider—
(A)the current and previous uses of granular mine tailings as an aggregate for asphalt; and
(B)any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings.
(3)In establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public.
(4)On the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a transportation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1).
(b)Nothing in this section or section 6966a of this title affects any requirement of any law (including a regulation) in effect on August 10, 2005.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 6966a of this title, referred to in subsec. (b), was in the original “section 6005” meaning section 6005 of Pub. L. 89–272, which was translated as meaning the section 6005 of Pub. L. 89–272 as added by section 6017(a) of Pub. L. 109–59, to reflect the probable intent of Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6966b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73