EPA Issues Chat Rule

By John David Sutter, The Daily Oklahoman

Jun. 8–The U.S. Environmental Protection Agency issued a rule this week for how toxic mine waste in northeast Oklahoma can be safely re-used as concrete aggregate in roads, parking lots and sidewalks.

Mountains of the potentially toxic mine waste tower over the town of Picher and others in far northeast Oklahoma. The EPA says it will be safer for the public if the gravel-like material is used in construction projects than if it remains in 100-foot piles, where it comes in more direct contact with people.

More than 100 million tons of the material, called “chat” by locals, are piled up in a former mining district that encompasses parts of Oklahoma, Kansas and Missouri, the agency says.

The new rule endorses many uses as safe for federally funded projects, and provides some safety measures and precautions for companies that would move the chat, which is laden with lead, zinc and cadmium, all harmful to people and the environment. The rule is based on the idea that if the gravel is liquefied and captured in a new substance, like concrete, it won’t be a risk to people.

The rule does not list fines for those who would use the chat improperly, however, and that has a local environmentalist concerned.

“There’s no fine; there’s no consequence,” said Rebecca Jim, president of the Local Environmental Action Demanded agency. “What would they enforce? They got it so far and they didn’t put the hammer on. Where’s the hammer?”

Chat already is in use now. Before this week’s ruling, the EPA had only issued guidelines for how it could be safely used. The binding rule comes as the result of a provision U.S Sen. Jim Inhofe, R-Tulsa, placed in a transportation bill in 2005. Inhofe asked the agency to determine environmentally safe ways the waste can be used for commercial purposes.

Inhofe reportedly praised the EPA ruling.

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