Title 42, The Public Health and WelfareRelease 119-110

§6966 Increased Use of Recovered Mineral Component in Federally Funded Projects Involving Procurement of Cement or Concrete

Title 42 › CHAPTER 82 — SOLID WASTE DISPOSAL › SUBCHAPTER VI — FEDERAL RESPONSIBILITIES › § 6966

Last updated Sep 22, 2026|Official source

Summary

Agencies must increase the use of recycled mineral materials in cement and concrete when federal money pays for those projects. Within 1 year after August 8, 2005, the Administrator and agency heads must put into effect the procurement rules and incentives that existed on that date to encourage cement and concrete that include recovered mineral components. Agencies must try first to boost use in projects where these materials were rarely used before. These actions must follow the rules in section 6962. Definitions: Agency head — the Secretary of Transportation and other federal agency leaders who regularly buy or fund cement or concrete; Cement or concrete project — a highway, transportation facility, government building, or public facility project that uses cement or concrete paid for with federal funds; Recovered mineral component — recycled materials such as ground granulated blast furnace slag (not lead slag), coal combustion fly ash, and other approved industrial waste byproducts. The Administrator, with the Secretary of Transportation and the Secretary of Energy, must study how much substitution of these materials would save energy and help the environment. The study must measure current substitution and benefits, find procurement barriers (including exceptions), and identify ways, standards, and any environmental or economic effects of more substitution. The Administrator must send a report to Congress not later than 30 months after August 8, 2005. Unless the study finds serious problems, the Administrator and agency heads must, within 1 year after that report, create stronger procurement rules and incentives to increase substitution and remove identified barriers. Nothing here changes the requirements of section 6962.

Full Legal Text

Title 42, §6966

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

(a)Definitions
In this section: (1) Agency head
(2)Cement or concrete project
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)Recovered mineral component
The term “recovered mineral component” means—
(A)ground granulated blast furnace slag, excluding lead slag;
(B)coal combustion fly ash; and
(C)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)Implementation of requirements
(1)In general
Not later than 1 year after August 8, 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 8, 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)Priority
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)Federal procurement requirements
The Administrator and each agency head shall carry out this subsection in accordance with section 6962 of this title.
(c)Full implementation study
(1)In general
The Administrator, in cooperation with the Secretary of Transportation and the Secretary of Energy, shall conduct a study to determine the extent to which 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)Matters to be addressed
The study shall—
(A)quantify—
(i)the extent to which recovered mineral components are being substituted for Portland cement, particularly as a result of procurement requirements; and
(ii)the energy savings and environmental benefits associated with the substitution;
(B)identify all barriers in procurement requirements to greater realization of energy savings and environmental benefits, including barriers resulting from exceptions from the 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)Report
Not later than 30 months after August 8, 2005, the Administrator shall submit to Congress a report on the study.
(d)Additional procurement requirements
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 date on which the report under subsection (c)(3) is submitted, take additional actions 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—
(1)to realize more fully the energy savings and environmental benefits associated with increased substitution; and
(2)to eliminate barriers identified under subsection (c)(2)(B).
(e)Effect of section
Nothing in this section affects the requirements of section 6962 of this title (including the guidelines and specifications for implementing those requirements).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 6966

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110