U.S Code last checked for updates: May 06, 2024
§ 6966.
Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete
(a)
Definitions
In this section:
(1)
Agency head
The term “agency head” means—
(A)
the Secretary of Transportation; and
(B)
the head of any 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)
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
(2)
Priority
(3)
Federal procurement requirements
(c)
Full implementation study
(1)
In general
(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
(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
(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
(Pub. L. 89–272, title II, § 6005, as added Pub. L. 109–58, title I, § 108(a), Aug. 8, 2005, 119 Stat. 612.)
cite as: 42 USC 6966