PRIA Logo™
Title 42, The Public Health and WelfareRelease 119-110

§6966b Use of Granular Mine Tailings

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

Last updated Sep 22, 2026|Official source

Summary

Within 180 days after August 10, 2005, the EPA Administrator, after talking with the Transportation Secretary and other federal agency heads, must set standards for safely using granular mine tailings from the Tar Creek, Oklahoma mining area (called “chat”) in cement, concrete, and federally funded transportation work, including asphalt. The standards must consider whether to set numeric limits for lead and other hazardous substances. The EPA must look at past and current uses of chat as asphalt aggregate and weigh the environmental and public health risks and benefits of removing, moving, and using it. The EPA must ask the public for comments and consider them. Any use of chat in a transportation project that uses federal money must meet the standards. Nothing here changes laws or rules that were already in effect on August 10, 2005.

Full Legal Text

Title 42, §6966b

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

(a)Mine tailings
(1)In general
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)
(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)Requirements
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)Public participation
In establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public.
(4)Applicability of criteria
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)Effect of sections
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110