[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