In establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public.
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).
Nothing in this section or section 6966a of this title affects any requirement of any law (including a regulation) in effect on August 10, 2005.