Page:United States Statutes at Large Volume 119.djvu/1908

 119 STAT. 1890

PUBLIC LAW 109–59—AUG. 10, 2005

review or delay, the Administrator and each agency head shall, not later than 1 year after the release of the report in accordance with subsection (c)(3), take additional actions authorized under this Act to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of recovered mineral component in the construction and maintenance of cement or concrete projects, so as to— ‘‘(1) realize more fully the energy savings and environmental benefits associated with increased substitution; and ‘‘(2) eliminate barriers identified under subsection (c). ‘‘(e) EFFECT OF SECTION.—Nothing in this section affects the requirements of section 6002 (including the guidelines and specifications for implementing those requirements).’’. (b) TABLE OF CONTENTS AMENDMENT.—The table of contents in section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 6004 the following: ‘‘Sec. 6005. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete.’’. SEC. 6018. USE OF GRANULAR MINE TAILINGS.

(a) IN GENERAL.—Subtitle F of the Solid Waste Disposal Act (42 U.S.C. 6961 et seq.) (as amended by section 6017(a)) is amended by adding at the end the following: Oklahoma. 42 USC 6966b.

‘‘SEC. 6006. USE OF GRANULAR MINE TAILINGS.

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‘‘(a) MINE TAILINGS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, 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).

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