[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 793 Reported in Senate (RS)]
Calendar No. 394
108th CONGRESS
1st Session
S. 793
[Report No. 108-198]
To provide for increased energy savings and environmental benefits
through the increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2003
Mr. Byrd (for himself, Mr. Jeffords, and Mr. Hatch) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
November 17, 2003
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for increased energy savings and environmental benefits
through the increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. INCREASED USE OF RECOVERED MINERAL COMPONENT IN
FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT
OR CONCRETE.</DELETED>
<DELETED> (a) Amendment.--Subtitle F of the Solid Waste Disposal Act
(42 U.S.C. 6961 et seq.) is amended by adding at the end the following
new section:</DELETED>
<DELETED>``SEC. 6005. INCREASED USE OF RECOVERED MINERAL COMPONENT IN
FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT
OR CONCRETE.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Agency head.--The term `agency head' means--
</DELETED>
<DELETED> ``(A) the Secretary of Transportation;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) involves the procurement of cement
or concrete; and</DELETED>
<DELETED> ``(B) is carried out in whole or in part
using Federal funds.</DELETED>
<DELETED> ``(3) Recovered mineral component.--The term
`recovered mineral component' means--</DELETED>
<DELETED> ``(A) ground granulated blast furnace
slag;</DELETED>
<DELETED> ``(B) coal combustion fly ash;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Implementation of Requirements.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of this section, 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 the date of enactment of this section (including
guidelines under section 6002) that provide for the use of
cement and concrete incorporating recovered mineral component
in cement or concrete projects.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Conformance.--The Administrator and each
agency head shall carry out this subsection in accordance with
section 6002.</DELETED>
<DELETED> ``(c) Full Implementation Study.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Matters to be addressed.--The study shall--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) identify all barriers in procurement
requirements to fuller realization of energy savings
and environmental benefits, including barriers
resulting from exceptions from current law;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) evaluate the feasibility of
establishing guidelines or standards for optimized
substitution rates of recovered mineral component in
those cement or concrete projects; and</DELETED>
<DELETED> ``(iii) identify any potential
environmental or economic effects that may result from
greater substitution of recovered mineral component in
those cement or concrete projects.</DELETED>
<DELETED> ``(3) Report.--Not later than 30 months after the
date of enactment of this section, the Administrator shall
submit to the Committee on Appropriations and Committee on
Environment and Public Works of the Senate and the Committee on
Appropriations, Committee on Energy and Commerce, and Committee
on Transportation and Infrastructure of the House of
Representatives a report on the study.</DELETED>
<DELETED> ``(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 of submission of the report under
subsection (c)(3), take additional actions authorized under this Act 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--</DELETED>
<DELETED> ``(1) realize more fully the energy savings and
environmental benefits associated with increased substitution;
and</DELETED>
<DELETED> ``(2) eliminate barriers identified under
subsection (c).</DELETED>
<DELETED> ``(e) Effect of Section.--Nothing in this section affects
the requirements of section 6002 (including the guidelines and
specifications for implementing those requirements).''.</DELETED>
<DELETED> (b) Table of Contents Amendment.--The table of contents of
the Solid Waste Disposal Act (42 prec. 6901) is amended by adding after
the item relating to section 6004 the following new item:</DELETED>
<DELETED>``Sec. 6005. Increased use of recovered mineral component in
federally funded projects involving
procurement of cement or concrete.''.
</DELETED>SECTION 1. INCREASED USE OF RECOVERED MINERAL COMPONENT IN
FEDERALLY FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT
OR CONCRETE.
(a) Amendment.--Subtitle F of the Solid Waste Disposal Act (42
U.S.C. 6961 et seq.) is amended by adding at the end the following:
``SEC. 6005. 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 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) 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;
``(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 the date of
enactment of this section, 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 the date of enactment of this section (including guidelines
under section 6002) 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
6002.
``(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 the date of
enactment of this section, the Administrator shall submit to
the Committee on Appropriations and Committee on Environment
and Public Works of the Senate and the Committee on
Appropriations, Committee on Energy and Commerce, and Committee
on Transportation and Infrastructure of the House of
Representatives a report on the study.
``(d) Additional Procurement Requirements.--Unless the study
conducted under subsection (c) identifies any effects or other
difficulties 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 of submission of the report under
subsection (c)(3), take additional actions authorized under this Act 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).
``SEC. 6006. USE OF GRANULAR MINE TAILINGS.
``(a) Mine Tailings.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator, in
consultation with the Secretary of Transportation and heads of
other Federal agencies, shall establish criteria (including an
evaluation of whether to establish a numerical standard for
concentration of lead and other hazardous substances) for the
safe and environmentally protective use of granular mine
tailings from the Tar Creek, Oklahoma Mining District, known as
`chat', for--
``(A) cement or concrete projects; and
``(B) transportation construction projects
(including transportation construction projects
involving the use of asphalt) that are carried out, in
whole or in part, using Federal funds.
``(2) Requirements.--In establishing criteria under
paragraph (1), the Administrator shall consider--
``(A) the current and previous uses of granular
mine tailings as an aggregate for asphalt; and
``(B) any environmental and public health risks and
benefits derived from the removal, transportation, and
use in transportation projects of granular mine
tailings.
``(3) Public participation.--In establishing the criteria
under paragraph (1), the Administrator shall solicit and
consider comments from the public.
``(4) Applicability of criteria.--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).
``(b) Effect of Sections.--Nothing in this section or section 6005
affects any requirement of any law (including a regulation) in effect
on the date of enactment of this section.''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of
the items relating to subtitle F the following:
``Sec. 6005. Increased use of recovered mineral component in federally
funded projects involving procurement of
cement or concrete.
``Sec. 6006. Use of granular mine tailings.''.
Calendar No. 394
108th CONGRESS
1st Session
S. 793
[Report No. 108-198]
_______________________________________________________________________
A BILL
To provide for increased energy savings and environmental benefits
through the increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
_______________________________________________________________________
November 17, 2003
Reported with an amendment