keep PART 278—CRITERIA FOR THE MANAGEMENT OF GRANULAR MINE TAILINGS (CHAT) IN ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE IN TRANSPORTATION CONSTRUCTION PROJECTS FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS
The regulation defines 'chat' as mining waste from the Tri-State Mining District and establishes conditions for its use in federally-funded transportation construction projects. It permits chat use if incorporated into specific materials (e.g., asphalt mixes, seals, concrete) or if leaching tests meet safety thresholds for lead, cadmium, and zinc, or if authorized by a response action. Certification and recordkeeping requirements apply.
Deleting this regulation would either prohibit beneficial reuse of chat (raising disposal costs and wasting a resource) or leave it unregulated (risking water contamination). The regulation provides a uniform, science-based standard with flexible, site-specific assessment that would be difficult for individual states to develop and maintain, ensuring safe recycling while protecting water quality.