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42 U.S.C. § 6966b — Use of granular mine tailings
Federal law — U.S. Code and appendices · legal_authorities
**(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) 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) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6966a&num=0&edition=prelim) affects any requirement of any law (including a regulation) in
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Source file: Laws/federal/codes/united-states-code/title-42/section-6966b-use-of-granular-mine-tailings--b2cf94de1a.md
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Source location: Title 42, Chapter 82, § 6966b; chapter-082-solid-waste-disposal.md
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**(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) 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) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6966a&num=0&edition=prelim) affects any requirement of any law (including a regulation) in effect on August 10, 2005.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agency head** — The term “agency head” means—
(A) the Secretary of Transportation; and
(B) the head of each other Federal agency that on a regular basis procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects.
(2) **Cement or concrete project** — The term “cement or concrete project” means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that—
(A) involves the procurement of cement or concrete; and
(B) is carried out in whole or in part using Federal funds.
(3) **Recovered mineral component** — The term “recovered mineral component” means—
(A) ground granulated blast furnace slag other than lead slag;
(B) coal combustion fly ash;
(C) blast furnace slag aggregate other than lead slag aggregate;
(D) silica fume; and
(E) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head.
**(b) Implementation of requirements**
(1) **In general** — Not later than 1 year after August 10, 2005, the Administrator and each agency head shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of August 10, 2005 (including guidelines under [section 6962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim)) that provide for the use of cement and concrete incorporatin
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Federal law — U.S. Code and appendices · legal_authorities
Page 7001
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6966b
cluding guidelines under section 6962 of this
title) that provide for the use of cement and
concrete
incorporating
recovered
mineral
component in cement or concrete projects.
(2) Priority
In carrying out paragraph (1) an agency head
shall give priority to achieving greater use of
recovered mineral component in cement or
concrete projects for which recovered mineral
components historically have not been used or
have been used only minimally.
(3) Conformance
The Administrator and each agency head
shall carry out this subsection in accordance
with section 6962 of this title.
(c) Full implementation study
(1) In general
The Administrator, in cooperation with the
Secretary of Transportation and the Secretary
of Energy, shall conduct a study to determine
the extent to which current procurement re-
quirements, when fully implemented in ac-
cordance with subsection (b), may realize en-
ergy savings and environmental benefits at-
tainable with substitution of recovered min-
eral component in cement used in cement or
concrete projects.
(2) Matters to be addressed
The study shall—
(A) quantify the extent to which recovered
mineral components are being substituted
for Portland cement, particularly as a result
of current procurement requirements, and
the energy savings and environmental bene-
fits associated with that substitution;
(B) identify all barriers in procurement re-
quirements to greater realization of energy
savings and environmental benefits, includ-
ing barriers resulting from exceptions from
current law; and
(C)(i) identify potential mechanisms to
achieve greater substitution of recovered
mineral component in types of cement or
concrete projects for which recovered min-
eral
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