---
kind: "section"
citation: "42 U.S.C. § 6966b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6966b"
heading: "Use of granular mine tailings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6966b"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VI — Federal Responsibilities"
---

# §6966b. Use of granular mine tailings

- (a) **Mine tailings—**
  - (1) **In general—** Not later than 180 days after August 10, 2005, the [Administrator](/usc/42/6903.md?p=1), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and heads of other [Federal agencies](/usc/42/6903.md?p=4), 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](/usc/42/13641.md?p=2); and
    - (B) transportation [construction](/usc/42/6903.md?p=2) [projects](/usc/42/13641.md?p=2) (including transportation [construction](/usc/42/6903.md?p=2) [projects](/usc/42/13641.md?p=2) 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)](#a-1), the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/13641.md?p=2) of granular mine tailings.
  - (3) **Public participation—** In establishing the criteria under [paragraph (1)](#a-1), the [Administrator](/usc/42/6903.md?p=1) shall solicit and consider comments from the public.
  - (4) **Applicability of criteria—** On the establishment of the criteria under [paragraph (1)](#a-1), any use of the granular mine tailings described in [paragraph (1)](#a-1) in a transportation [project](/usc/42/13641.md?p=2) that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under [paragraph (1)](#a-1).
- (b) **Effect of sections—** Nothing in this section or [section 6966a of this title](/usc/42/6966a.md) affects any requirement of any law (including a regulation) in effect on August 10, 2005.

## Source credit

(Pub. L. 89–272, title II, § 6006, as added Pub. L. 109–59, title VI, § 6018(a), Aug. 10, 2005, 119 Stat. 1890.)

## Notes

### 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.