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 Authority: 42 U.S.C. 6961 et seq. Source: 72 FR 39352, July 18, 2007, unless otherwise noted. § 278.1 Definitions. (a) Asphalt concrete (b) Chat (c) Chip seal (d) Cold mix asphalt (e) Epoxy seal (f) Federal or State response action (g) Flowable fill (h) Granular road base (i) Hot Mix Asphalt (j) Microsurfacing (k) Portland cement concrete (PCC) (l) Pozzolanic (m) Slurry seal (n) Stabilized base (o) Transportation construction projects (p) Tri-State Mining District (q) Warm mix asphalt § 278.2 Applicability. These requirements apply to chat from the Tri-State Mining District used in transportation construction projects carried out, in whole or in part, using Federal funds. § 278.3 Criteria for use of chat in Federally funded transportation projects. Chat can be used in transportation construction projects carried out, in whole or in part, using Federal funds if: (a) The chat is used in hot, warm or cold mix asphalt, in slurry seal, microsurfacing, or in epoxy seal; or (b) The chat is used in Portland cement concrete, granular road base, flowable fill, stabilized road base or chip seal if, on a case by case basis either: (1) Synthetic Precipitation Leaching Procedure (SPLP) tests are conducted on the proposed material using EPA SW-846 Method 1312, and the leachate testing results show that concentrations in the leachate do not exceed the National Primary Drinking Water Standards for lead and cadmium and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 µg/l; or (2) EPA (or a State environmental Agency, if it chooses to do so) has determined, based on a site-specific risk assessment and after notice and opportunity for public comment, that the releases from the chat mixture in its proposed use will not cause an exceedance of the National Primary Drinking Water Standards for lead and cadmium in potential drinking water sources and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 µg/l in surface water; or (c) The use of chat has been authorized pursuant to a State or Federal response action. (d) EPA SW-846 Method 1312, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, September 1994, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. It is available at www.epa.gov/hw-sw846 [email protected] www.archives.gov/federal-register/cfr/ibr-locations.html. [72 FR 39352, July 18, 2007, as amended at 85 FR 40608, July 7, 2020] § 278.4 Certification and recordkeeping requirements. (a) Certification. (1) Submit a signed, written certification to the environmental regulatory agency in the State where the chat is to be used within 30 days of the date of acquisition. The certification shall contain the following: (i) Location of origin of the chat; (ii) Amount of chat acquired; and (iii) Certification Statement: I certify under penalty of law that the chat used in this transportation project will meet EPA criteria found in § 278.3. (2) Transfer. (3) Recordkeeping. (b) [Reserved]