§6966a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires federal agencies to use more recycled mineral materials in cement and concrete when federal money pays for a project. Defines three key terms in one line each: agency head = the Secretary of Transportation and other federal agency leaders who often buy or fund cement or concrete; cement or concrete project = highway, transportation, or public building/facility work that uses cement or concrete and gets federal funds; recovered mineral component = things like ground granulated blast furnace slag (not lead slag), coal fly ash, blast furnace slag aggregate (not lead), silica fume, and other waste materials the Administrator approves. By no later than 1 year after August 10, 2005, the Administrator and each agency head must put into effect the procurement rules and incentives that were in place on that date to encourage using these recovered materials, and they must focus first on projects that have used them little or not at all. The Administrator, with the Transportation and Energy Secretaries, must study how much substitution is happening, the energy and environmental benefits, the barriers, and ways to increase use, and must report the study to Congress within 30 months after August 10, 2005. If the study does not find problems, the Administrator and agency heads must, within 1 year after the report, set stronger procurement requirements and incentives to increase substitution and remove barriers. This does not change existing related guidelines and specifications.

Title 42, §6966a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

(1)The term “agency head” means—

(A)the Secretary of Transportation; and

(B)the head of each other Federal agency that on a regular basis procures, or provides Federal funds to pay or assist in paying the cost of procuring, material for cement or concrete projects.

(2)The term “cement or concrete project” means a project for the construction or maintenance of a highway or other transportation facility or a Federal, State, or local government building or other public facility that—

(A)involves the procurement of cement or concrete; and

(B)is carried out in whole or in part using Federal funds.

(3)The term “recovered mineral component” means—

(A)ground granulated blast furnace slag other than lead slag;

(B)coal combustion fly ash;

(C)blast furnace slag aggregate other than lead slag aggregate;

(D)silica fume; and

(E)any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head.

(b)(1)Not later than 1 year after August 10, 2005, the Administrator and each agency head shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of August 10, 2005 (including guidelines under section 6962 of this title) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects.

(2)In carrying out paragraph (1) an agency head shall give priority to achieving greater use of recovered mineral component in cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally.

(3)The Administrator and each agency head shall carry out this subsection in accordance with section 6962 of this title.

(c)(1)The Administrator, in cooperation with the Secretary of Transportation and the Secretary of Energy, shall conduct a study to determine the extent to which current procurement requirements, when fully implemented in accordance with subsection (b), may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects.

(2)The study shall—

(A)quantify the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of current procurement requirements, and the energy savings and environmental benefits associated with that substitution;

(B)identify all barriers in procurement requirements to greater realization of energy savings and environmental benefits, including barriers resulting from exceptions from current law; and

(C)(i)identify potential mechanisms to achieve greater substitution of recovered mineral component in types of cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally;

(ii)evaluate the feasibility of establishing guidelines or standards for optimized substitution rates of recovered mineral component in those cement or concrete projects; and

(iii)identify any potential environmental or economic effects that may result from greater substitution of recovered mineral component in those cement or concrete projects.

(3)Not later than 30 months after August 10, 2005, the Administrator shall submit to Congress a report on the study.

(d)Unless the study conducted under subsection (c) identifies any effects or other problems described in subsection (c)(2)(C)(iii) that warrant further 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 chapter 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)Nothing in this section affects the requirements of section 6962 of this title (including the guidelines and specifications for implementing those requirements).

Editorial Notes

Codification Another section 6005 of Pub. L. 89–272 is classified to section 6966 of this title.

§6966a Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete

Summary

Title 42, §6966a

Notes & Related Subsidiaries

Editorial Notes

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