Title 42, The Public Health and WelfareRelease 119-110

§6966a 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 › § 6966a

Last updated Sep 22, 2026|Official source

Summary

Federal agencies must increase the use of recycled mineral materials in cement and concrete for projects paid with federal money. The Administrator and each agency head must put into practice the purchasing rules and incentives that were in effect on August 10, 2005, within one year after that date. Agencies should first try to use more recovered mineral materials on project types that have rarely used them before. Key terms: Agency head — the named federal official who buys or helps pay for cement or concrete. Cement or concrete project — a highway, transportation, public building, or other public work that uses cement or concrete and federal funds. Recovered mineral component — recycled materials like ground granulated blast furnace slag (not lead slag), coal combustion fly ash, blast furnace slag aggregate (not lead slag), silica fume, and other waste materials the Administrator approves. The Administrator, working with the Secretaries of Transportation and Energy, must study how much substitution already happens, the energy and environmental benefits, barriers, ways to increase substitution, and any possible effects. The Administrator must send a report to Congress within 30 months after August 10, 2005. If the study does not find problems, the Administrator and agency heads must adopt stronger purchasing requirements and incentives within one year after the report to increase use and remove barriers. This section does not change the requirements already in section 6962.

Full Legal Text

Title 42, §6966a

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 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)Implementation of requirements
(1)In general
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)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)Conformance
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 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)Matters to be addressed
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)Report
Not later than 30 months after August 10, 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 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)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 6966 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6966a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110