[Congressional Record Volume 149, Number 80 (Tuesday, June 3, 2003)]
[Senate]
[Pages S7237-S7243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 1168. A bill to amend title 23, United States Code, to establish a 
program to increase the use of recyclable material in the construction 
of Federal-aid highway; to the Committee on Environment and Public 
Works.
  Mr. BINGAMAN. Mr. President, I rise to introduce legislation that I 
believe will provide the necessary incentives to improve State efforts 
in the use of recycled materials in highway construction and 
maintenance. The use of recycled materials in highways is an 
established process in certain parts of the United States, with some 
States using recycled materials on a regular basis. These materials 
include fly ash, bottom ash, rubber products from old tires, and 
reprocessed concrete and asphalt pavements. Less commonly used recycled 
commodities include glass and plastic. The American Association of 
State Highway and Transportation Officials has recently approved 
specifications for the use of biomass, including small diameter timber, 
providing an additional avenue for use of recycled material. The list 
of accomplishments is impressive, but its application is limited. Many 
States could do much more with the use of recycled materials in their 
highway systems.
  Challenges faced by States in the use of recycled material in 
highways are attributed to several factors. Some State Departments of 
Transportation are unaware of the different types of recycled materials 
that are available in today's construction industry. Others do not have 
the technical expertise to take advantage of the broad range of 
recycled materials and techniques. Some may not have developed the 
necessary procurement infrastructure to include the use of recycled 
materials in highway construction.
  To assist States in overcoming these obstacles and to provide 
necessary incentives for the expansion of this economically and 
environmentally viable practice, I am introducing the Recycled Roads 
Act of 2003. The purpose of this bill is to authorize the Secretary of 
Transportation to establish a recycled roads incentive grant program to 
encourage the use of recyclable material in the construction of 
Federal-aid highways by States and Indian tribes. The program will 
provide two types of grants. The first type, which is funded up to 
$125,000 per year, will be for a State or Indian tribe to use in 
employing a coordinator to promote the use of recyclable material in 
Federal-aid highway construction. The second type, which is funded up 
to $1,400,000 per year, will be for a State or Indian tribe to use to 
carry out projects and activities to promote the expanded use of 
recycled material in Federal-aid highway construction and maintenance. 
Total funding for both grants is $123,525,000 per year.
  The case for expanded use of recycled materials in road construction 
is clear. Dr. T. Taylor Eighmy, Director of the University of New 
Hampshire Recycled Materials Resource Center, from an article entitled 
``The Road to Reuse'' published in the professional journal Civil 
Engineering, states the case well: ``Why should we as a society 
continue to dispose of materials that may have inherent engineering 
value and suitable environmental properties and continue to rely on 
nonrenewable natural resources in constructing the U.S. infrastructure? 
Indeed, these materials may become increasingly deserving of 
consideration as we tackle deteriorating infrastructure problems in the 
United States. And the use of recycled materials in lieu of natural 
materials may provide additional environmental benefits through better 
performance and lower cost because there would be less need to mine, 
process, and transport traditional materials.
  ``Applications for recycled materials within the highway environment 
include both bound and unbound uses: asphalt pavements, portland cement 
concrete pavement, granular bases and subbases, stabilized bases, 
embankments, structural fills, flowable fills, soil cover and erosion 
control, and appurtenances. Materials such as reclaimed asphalt 
pavement, RAP, are widely recycled using both in-place and off-site 
recycling methods. More than 45 States use RAP. The National Asphalt 
Paving Association reported in April 2000 that RAP has one of the 
highest recycling rates in the United States--close to 80 percent. 
About 73 million tons are recycled each year, saving the taxpayers 
about $300 million annually.''

  The example of RAP is one of our best success stories in the use of 
recycled materials in roads. However, there is much more that can be 
done. As Dr. Eighmy explains, ``. . . the number of states that use 
recycled materials varies significantly, as do the approaches states 
take in conducting beneficial use determinations, particularly on less 
traditional materials. There is a general sense that states with higher 
industrial activities use more of the resulting by-products. . . . 
There also appears to be a relation between a state's

[[Page S7238]]

commitment to recycling and the maturity of the beneficial use program 
in that state.''
  The Federal Highway Administration produced a policy on recycled 
materials in February of 2002, which strongly encourages the use of 
existing recyclable materials in highway construction and maintenance. 
As stated in the policy, ``Recycling presents environmental 
opportunities and challenges, which, when appropriately addressed, can 
maximize the benefits of reuse. The use of most recycled materials 
poses no threat or danger to the air, soil, or water. Furthermore, 
careful design, engineering and application of recycled materials can 
reduce or eliminate the need to search for and extract new, virgin 
materials from the land.
  ``The engineering feasibility of using recycled materials has been 
demonstrated in research, field studies, experimental projects and 
long-term performance testing and analysis. Significant advances in 
technology over the past decade have increased the types of recycled 
materials in use and the range of their applications. When 
appropriately used, recycled materials can effectively and safely 
reduce cost, stave time, offer equal or in some cases, significant 
improvement to performance qualities, and provide long-term 
environmental benefits.''
  The Federal Highway Administration policy is supported by both 
science and a common sense approach to the needs of building and 
maintaining our national highway system. This bill provides the 
necessary incentives to expand these beneficial recycling practices, 
and increase the associated environmental and engineering impacts.
  In addition, this legislation was developed in consultation with 
several stakeholders from the Federal and state governments, and non-
governmental organizations. The State of New Mexico, and the non-profit 
organizations Environmental Defense and the Surface Transportation 
Policy Project have provided letters expressing their support for this 
legislation.
  I ask all Senators to support the Recycled Roads Act of 2003. I look 
forward to working with the Chairman of the Environment and Public 
Works Committee, Senator Inhofe, and Senator Jeffords, the ranking 
member, to incorporate his bill into the full 6-year reauthorization of 
the transportation bill. I would also like to thank Jeff Steinborn from 
my office in Las Cruces, New Mexico for his diligent work in developing 
the initial concept for this legislation.
  I ask unanimous consent that the article from September 2001 
professional society journal Civil Engineering entitled ``The Road to 
Reuse'' by Dr. T. Taylor Eighmy, the February 2002 Federal Highway 
Administration policy on recycled materials, and letters of support 
from the State of New Mexico, Environmental Defense, and the Surface 
Transportation Policy Project be printed in the Record. I also ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  [From Civil Engineering, Sept. 2001]

                           The Road To Reuse

                (By T. Taylor Eighmy and Bryan J. Magee)

       Why should we as a society continue to dispose of materials 
     that may have inherent engineering value and suitable 
     environmental properties and continue to rely on nonrenewable 
     natural resources in constructing the U.S. infrastructure? 
     Shouldn't we be making a concerted effort to use recycled 
     materials as substitutes for natural aggregates or materials 
     in the construction of highway infrastructure? Indeed, these 
     materials may become increasingly deserving of consideration 
     as we tackle deteriorating infrastructure problems in the 
     United States. And the use of recycled materials in lieu of 
     naturals materials may provide additional environmental 
     benefits through better performance and lower cost because 
     there would be less need to mine, process, and transport 
     traditional materials.
       There are many types of wastes and by-product materials 
     with potential uses in the highway environment. Ground 
     recycled asphalt pavement, crushed reclaimed concrete, 
     foundry sands, coal bottom ash, blast furnace slags, 
     nonferrous slags, steel slags, quarry by-products, shredded 
     tires, and glass cullet can all serve as aggregate 
     substitutes. Cement kiln dusts, silica fume, ground-
     granulated blast furnace slag, class F coal fly ash, and 
     class C coal fly ash can serve as alternative cementitious 
     materials. Ground recycled asphalt pavement, roofing shingle 
     scraps, and ground rubber can serve as sources of asphalt 
     cement or asphalt modifiers. And coal combustion by-products, 
     wood ash, sludge ash, composted biomass, and ground wood 
     wastes can serve as soil amendments, soil cover, mulch, and 
     erosion control materials.
       Applications for recycled materials within the highway 
     environment include both bound and unbound uses: asphalt 
     pavement, portland cement concrete pavement, granular bases 
     and subbases, stabilized bases, embankments, structural 
     fills, flowable fills, soil cover and erosion control, and 
     appurtenances. Materials such as reclaimed asphalt pavement 
     (RAP) are widely recycled using both in-place and off-site 
     recycling methods. More than 45 states use RAP. The National 
     Asphalt Paving Association reported in April 2000 that RAP 
     has one of the highest recycling rates in the United States--
     close to 80 percent. About 73 million tons (66 million Mg) 
     are recycled each year, saving taxpayers almost $300 million 
     annually.
       A recent, but incomplete, compilation of materials recycled 
     in the highway environment in the United States shows that 
     other materials are recycled annually at reasonable rates. 
     These annual usage and recycling rates are worth noting: 
     blast furnace slag--24 million tons (12.6 million Mg), 90 
     percent recycling rate; coal fly ash--16 million tons (14.6 
     million Mg), 27 percent; coal bottom ash--4.8 million tons 
     (4.4 milliono Mg), 30 percent; coal boiler slag--2.3 million 
     tons (2.1 million Mg), 91 percent; current kiln dust and lime 
     kiln dust--9.1 million tons (8.3 million Mg), 31 percent; and 
     steel slag--8.3 million tons (7.5 million Mg), percentage 
     unknown. However, the number of states that use recycled 
     materials varies significantly, as do the approaches states 
     take in conducting beneficial use determinations, 
     particularly on less traditional materials. There is a 
     general sense that states with higher industrial activity use 
     more of the resulting by-products--foundry sands and slags, 
     for example. There also appears to be a relation between a 
     state's commitment to recycling and the maturity of the 
     beneficial use program in that state.
       A number of European countries have routinely used recycled 
     materials since the 1970s with a high degree of success. What 
     is remarkable about the European story is the recycling rate 
     of materials used (material used/material produced) in the 
     highway environment with rates of 100 percent frequently 
     noted. The Netherlands, a populous country with more 
     limited aggregate resources and a high degree of 
     industrialization and interest in land reclamation, is the 
     best example. The annual reported totals of metric tons 
     used, together with the recycling rates, are as follows: 
     steel slag--0.5 million, 100 percent; blast furnace slag--
     1.2 million, 100 percent; coal bottom ash--0.08 million, 
     100 percent; coal fly ash--0.85 million, 100 percent; 
     construction and demolition aggregates--9.2 million, 100 
     percent; municipal solid waste combustion bottom ash--0.8 
     million, 100 percent; and RAP--10.7 million, 100 percent.
       Data from a variety of sources suggest potential sources of 
     recycled materials for use in the highway environment. In 
     their paper ``Utilization of Waste Materials in Civil 
     Engineering,'' R.J. Collins and S.K. Ciesielski cited four 
     major sources of waste and by-product materials for highway 
     use: agriculture (2,100 million tons [1,905 million Mg] per 
     year), domestic (200 million tons [181 million Mg] per year) 
     industrial (400 million tons [363 million Mg] per year), and 
     mineral (1,800 million tons [1,633 million Mg] per year). 
     Combined, these account for about 4.5 billion tons per year.
       Recent data from the Federal Highway Administration (FHWA) 
     indicate that in 1997 there were almost 4 million mi (6.4 
     million km) of roads in the United States--4 percent under 
     federal jurisdiction, 21 percent under state jurisdiction, 
     and 75 percent under local jurisdiction. Data from 1992 on 
     material uses in the highway environment from the National 
     Research Council show that the construction, rehabilitation, 
     and maintenance of U.S. highways require about 350 million 
     tons (318 million Mg) of natural and manufactured materials, 
     including 20 million tons (18 million Mg) per year of 
     asphalt, 10 million tons (9 million Mg) per year of portland 
     cement, and 320 million tons (290 million Mg) per year of 
     natural aggregates, paving mixtures, and synthetic surfacing 
     and coating materials. It is interesting to contrast these 
     numbers with the data presented on waste and by-product 
     production. Undoubtedly, these numbers have increased.
       ASCE's 2001 Report Card for America's Infrastructure 
     indicates that one-third of the nation's roads are in poor or 
     mediocre condition, costing American drivers an estimated 
     $5.8 billion and contributing to as many as 13,800 highway 
     fatalities each year. Additionally, the assessment quotes 
     FHWA findings that 29 percent of the nation's bridges are 
     structurally deficient or functionally obsolete and its 
     estimate that elmininating all bridge deficiencies would cost 
     $10.6 billion over the course of 20 years. There is a 
     critical need for a significant investment of money and 
     material to help alleviate these conditions and for 
     changes in transportation behavior, transportation 
     investment, and the application of innovative 
     technologies. How much of this necessary rehabilitation 
     can make appropriate use--both economically and from long-
     term engineering and environmental performance 
     perspectives--of the materials already present in 
     pavements, base courses, subbases, embankments, bridge 
     decks, and bridge abutments? What other waste or by-
     product material might be used?

[[Page S7239]]

       The 1991 Intermodal Surface Transportation Efficiency Act 
     (ISTEA) gave high priority to research on recycling. Largely 
     as a result of this focus, the FHWA and the National 
     Cooperative Highway Research Program (NCHRP) sponsored 
     several projects related to recycling, all of them national 
     in scope. Other federal agencies have developed guidelines or 
     programs that in some way relate to the use of recycled 
     materials. For example, the publication User Guidelines for 
     Waste and By-Product Materials in Pavement Construction was 
     developed to assist those who have an interest in using or 
     increasing their understanding of the types of waste and by-
     product materials that may be recovered and used in pavement 
     construction applications. By documenting the potential use 
     of 19 recycled materials in six construction applications, 
     these guidelines, which were produced by the FHWA and 
     published in 1997, are intended to describe the nature of 
     each material, suggest sources for obtaining additional 
     information, and outline the issues that need to be evaluated 
     when considering the use of a particular material. The 
     guidelines are also intended to provide general information 
     on engineering evaluation requirements, environmental issues, 
     and economic considerations in determining the suitability of 
     particular recovered materials in pavement applications. (An 
     electronic version of the guidelines is available at the Web 
     site of the Recycled Materials Resource Center 
     [www.rmrc.unh.edu/Partners/UserGuide/begin.htm].)
       Funded by the NCHRP and completed in 1998, the Recycled 
     Materials Information Database was created as a tool that can 
     be used to review and store data on the properties and 
     applications of recycled material and on testing procedures. 
     Reference information is also included. With information on 
     21 materials, the database is divided into nine main 
     categories and provides the user with both general and 
     detailed engineering and environmental information on each 
     material. Recommended laboratory engineering tests that can 
     be used to assess the suitability of each waste and recycled 
     material for transportation applications are included, along 
     with recommendations for monitoring in-field trials. (Copies 
     of the database may be downloaded from the Recycled Materials 
     Resource Center Web site [www.rmrc.unh.edu/Resources/
UsefulDocuments&Programs/NCHRP/NCHRP.asp].)
       The Framework for Evaluating Use of Recycled Materials in 
     the Highway Environment was recently published by the FHWA to 
     establish a logical and hierarchical evaluation process that 
     all states can use either to develop a beneficial use 
     determination process or to refine an existing process of 
     this type. The purpose of this document is to help reduce 
     barriers to the use of recycled materials and to facilitate 
     the migration of successful practices across state 
     boundaries. Additionally, because the management and 
     regulation of recycled materials use in the highway 
     environment are jurisdictionally the responsibility of a 
     state's department of transportation (DOT) and its 
     environmental protection agency (EPA), a major goal was to 
     work with state DOTs and EPAs to develop a consensus-based 
     approach that would encourage the two agencies to work 
     together in the evaluation process. The process uses a series 
     of stages that can each lead to approval or a beneficial use 
     application from both an engineering and an environmental 
     perspective. It comprises issue definition, data evaluation, 
     laboratory testing, and field tests. The project used an 
     expert technical group to help develop the framework. DOTs 
     and EPAs from Florida, Minnesota, New Hampshire, New Jersey, 
     and New York were involved. (An electronic version of the 
     guidelines is available on the Web site of the Recycled 
     Materials Resource Center [www.rmrc.unh.edu/Partners/
Framework/Start/start.html].)
       The report Environmental Impact of Construction and Repair 
     Materials on Surface and Ground Waters (NCHRP 25-9) was 
     prepared by the NCHRP after determining whether commonly used 
     construction and repair materials might affect--through the 
     persistence of any toxic leachates--the quality of surface 
     water or groundwater adjacent to highways. A number of widely 
     used waste and by-product materials were included in this 
     evaluation. By developing a model that can be applied to 
     any medium through which the leachates might pass, the 
     report provides users with a tool capable of predicting 
     the potential environmental harm of various waste and by-
     product materials. (Copies of the report can be obtained 
     from the Transportation Research Board's bookstore [http:/
     /national academies.org/trb/bookstore] by searching book 
     code NR448.)
       Established in 1998 in close coordination with the FHWA's 
     Pavement Management Coordination Group, the Recycled 
     Materials Resource Center (RMRC) works on the national level 
     to promote the appropriate use of recycled materials in the 
     highways environment. The RMRC forms part of the 
     Environmental Research Group at the University of New 
     Hampshire. It has a unique role in the growing application of 
     recycled materials to highway construction--namely to serve 
     as a catalyst to reduce barriers to the appropriate use of 
     these materials. The center is a culmination of a number of 
     diverse but integrated efforts on the part of the FHWA, other 
     federal and state agencies, and academia to provide a 
     cohesive approach to the complex engineering and 
     environmental issues surrounding the use of recycled 
     materials. The RMRC focuses on both research and outreach 
     activities in carrying out its mission, and its principal 
     clients are state DOTs and EPAs.
       In terms of research, the RMRC channels approximately half 
     of its overall budget to a diverse range of projects related 
     to recycling. At present 2 projects have been completed and 
     11 are in progress nationwide at a number of academic 
     institutions and consulting companies. In addition, with the 
     request for proposals issued by the center in February, three 
     are slated to commence in September. The projects address a 
     range of engineering and environmental issues related to 
     recycling, among them the mitigation of alkali silicate 
     reactions in recycled concrete; environmental weathering of 
     granular waste materials; concrete mixtures with inclusions 
     to improve the sound-absorbing capacity of portland cement 
     concrete pavements; and the development of a risk analysis 
     framework for the beneficial use of secondary materials. 
     Attention is also given to leaching from granular materials 
     used in highway construction during intermittent wetting: the 
     development and preparation of specifications for recycled 
     materials in transportation applications; the determination 
     of the number of revolutions needed for cold-in-place 
     Superpave mixture design using the sequential gyratory 
     compactor; the development of a rational and practical mix 
     design system for full depth reclamation; the fatigue 
     durability of stabilized recycled aggregate base course 
     containing coal fly ash and waste-plastic strip 
     reinforcement; and the development of lightweight synthetic 
     aggregate from coal fly ash and waste plastics.
       The RMRC orchestrates numerous activities, the principal 
     and most accessible of which is its Web site 
     (www.rmrc.unh.edu). The site provides a variety of tools, 
     including a client registration feature; an information 
     request feature; virtual demonstration sites; updates on all 
     RMRC-funded research projects; numerous documents and 
     programs; links to pertinent specifications, state DOT 
     programs, literature search engines, and national and 
     international entities; lists of scheduled events; 
     information on funding opportunities; and access to libraries 
     and databases. In addition the center sends out a quarterly 
     electronic newsletter to its clients, keeping them abreast of 
     ongoing and upcoming events related to recycling.
       Of particular interest is the center's first specification 
     to be adopted by the American Association of State Highway 
     and Transportation Officials (AASHTO). In December 2000 
     AASHTO voted to adopt ``Glass Cullet Use for Soil Aggregate 
     Base Course'' as a new national specification (M-318-01). 
     While currently recognized as a national specification, the 
     document will first appear in the 21st edition of the AASHTO 
     specifications, which is slated for publication this year. 
     This recycling specification was developed by Warren Chesner 
     of Chesner Engineering, in Commack, New York, in conjunction 
     with the AASHTO subcommittee on materials as part of a 
     research project funded by the RMRC. The project is looking 
     at the properties of selected recycled materials and is 
     developing--with the assistance of a technical advisory group 
     made up of representatives of 15 state DOTS--specifications 
     in an AASHTO format for the use of these materials in highway 
     construction.
       An upcoming outreach event of note is the international 
     conference Beneficial Use of Recycled Materials in 
     Transportation Applications, which the center is helping to 
     organize. All told, 163 abstracts have been submitted from 
     engineers and researchers from 23 different countries. The 
     event will be held in Washington, DC, November 13-15 (see 
     [www.rmrc.unh.edu/2001Conf/overview.asp]).
       In September 1999 an FHWA delegation visited Sweden, 
     Denmark, Germany, the Netherlands, and France to review and 
     document innovative policies, programs, and techniques that 
     would help to reduce barriers to the use of recycled 
     materials in U.S. highways. The delegation met with more than 
     100 representatives from transportation and environment 
     ministries, research organizations, contractors, and material 
     producers involved with recycled materials in those 
     countries. The U.S. delegation discerned a number of factors 
     that have played a role in the success of recycling on 
     highways in Europe, particularly in the Netherlands. The 
     factors fall under the general concept of sustainability 
     within the highway environment. The major components of the 
     sustainability initiatives are the three Es: economics, 
     engineering, and environment. (The final report is available 
     online at [www.international.fhwa.dot.gov/Pdfs/
recycolor.pdf].)
       As a follow--on to the European visit, a workshop--
     Partnerships for Sustainability: A New Approach to Highway 
     Materials--was developed to share European advances in 
     recycling in the highway environment with a targeted audience 
     of state DOT materials engineers, state DOT environmental 
     staff members, and state EPA staff members who work on 
     beneficial use. Fifteen states were invited to send 
     representatives to the workshop, and more than 100 people 
     attended. The goals were to showcase recent developments, 
     introduce the Dutch sustainability concept, and encourage 
     state agency personnel to work together on all aspects of 
     using recycled materials on highways. (The workshop is 
     highlighted on the RMRC Web page [www.rmrc.unh.edu/
partner.asp], and the final report can be accessed at 
     [www.rmrc.unh.edu/Partners/finalreport.asp].)

[[Page S7240]]

       The FHWA has established a team to provide leadership, 
     direction, and technical guidance to the transportation 
     community to promote the use of recycled materials in highway 
     environments and to provide technical support and assistance. 
     The team is preparing a white paper that will set forth 
     priority initiatives for recycling, and it is forming 
     partnerships with AASHTO's subcommittees on materials and 
     construction, with the RMRC, and with industry. Members of 
     the team--their FHWA division given in parentheses--include 
     Jason Harrington and Michael Rafalowski (Infrastructure Core 
     Business Unit), Connie Hill (Planning and Environment Core 
     Business Unit), Terry Mitchell and Jack Youtcheff (Research 
     and Development Support Business Unit), Michael Smith 
     (Southern Resource Center), Walter Waidlich (New Hampshire 
     Division), Bryan Cawley (North Dakota Division), and Jim 
     Travis (Texas Division).
       A number of state DOTs have established recycling 
     coordinator positions. These positions frequently figure 
     prominently in technology transfer, research coordination, 
     and informational outreach. The DOTs of California, 
     Massachusetts, North Carolina, Pennsylvania, and Texas all 
     have active programs.


                              MassHighway

       Over the past few years, the Massachusetts DOT, 
     MassHighway, has made significant progress on the recycling 
     front. Steps have been taken throughout the department to 
     increase the use of waste and recycled materials in 
     construction projects and everyday activities; to focus on 
     recycled, remanufactured, and environmentally beneficial 
     materials in procurement decisions for offices, stockrooms, 
     facilities, and construction sites; and to promote the 
     recycling of various waste streams. Recycling and 
     environmentally beneficial procurement are becoming part of 
     the routine way of doing business at MassHighway. Although 
     highway performance, safety, and cost are of primary 
     importance, as long as recycled and environmentally 
     beneficial materials and products can fill this bill, they 
     will be considered comparable, if not superior, to virgin 
     alternatives.
       Recent projects in Massachusetts include the procurement of 
     recycled antifreeze, re-refined oils, and safety vests 
     manufactured from soft drink bottles that are fully recycled; 
     the acceptance of specifications allowing for the use of 
     recycled plastic offset blocks as a substitute for pressure-
     treated lumber blocks; and the commencement of a research 
     project to investigate the use of tire shreds beneath a 
     roadway embankment. In addition, there are plans to set up 
     trial and demonstration projects involving bio-based 
     lubricants, recycled street sweepings, and noise barriers 
     made of recycled plastic.
       In 1999 alone, MassHighway was able to recycle more than 
     10,000 tons (9,000 Mg) of waste, use more than 138,000 tons 
     (125,000 Mg) of reclaimed or recycled materials in 
     construction projects, and spend more than $33 million on 
     materials and products that had a high recycled content or 
     were environmentally beneficial. There is still much to be 
     done. MassHighway will continue to evaluate its many 
     procurement procedures and specifications to remove 
     unnecessary barriers and find new applications for recycled 
     materials and materials that are environmentally beneficial. 
     It will also continue to examine its construction and 
     maintenance operations to find areas where waste can be 
     reduced. Additionally, it will continue to work in 
     coordination with local, state, and national environmental 
     and public works entities to share its experiences and to 
     learn more about the use of recycled and environmentally 
     beneficial materials in highway and roadway construction.


                            pennslyvania dot

       PennDOT has developed a strategic recycling program (SRP) 
     as a tool for systematically identifying, evaluating, and 
     implementing opportunities to sue recycled materials in 
     transportation and civil engineering work throughout the 
     state. The ultimate objective of the SRP is to realize 
     economic savings and environmental benefits for both PennDOT 
     and the state by recycling, limiting pollution, and 
     continuing various other environmental initiatives.
       Five key areas have been targeted by the state to help 
     PennDOT achieve and sustain its mission to increase the use 
     of recycled materials:
       (1) Research: Continue to evaluate the existing uses of 
     recycled materials and products and conduct research into new 
     uses of recycled materials in transportation and civil 
     engineering work.
       (2) Specifications: Develop and approve material and use 
     specifications, bidding specifications, and guidelines for 
     the use of recycled materials that confer significant 
     environmental, engineering, or economic benefits.
       (3) Project development: Identify, promote, and plan 
     projects that use recycled materials that conform to approved 
     or provisional specifications.
       (4) Communication: Provide information via various media to 
     PennDOT, government agencies, and the public on the 
     performance and applicability of recycled materials in 
     transportation and civil engineering work.
       (5) Contract bidding: Evaluate construction contract legal 
     bidding requirements and develop innovative ways to enable 
     PennDOT to specify the use of recycled materials in 
     transportation construction and maintenance projects.


                           North Carolina DOT

       Last year NCDOT recycled 2.4 million lb (1.1 million kg) of 
     metal, 1 million lb (450,000 kg) of paper products, and more 
     than 30,000 lb (14,000 kg) of glass and plastic as part of 
     their daily operations. In addition to these efforts, the 
     department continues to seek applications for recycled 
     products in highway construction. Since 1989 the NCDOT has 
     used more than 7 million tires, 50,000 tons (45,000 kg) of 
     glass beads, and 14,000 tons (13,000 kg) of asphalt shingles.
       Lyndo Tippett, the state's secretary of transportation, has 
     indicated he will expand the department's environmental 
     efforts. ``As a native of rural North Carolina, I know 
     firsthand the value of our state's natural resources,'' he 
     said. ``We must be proactive about finding opportunities that 
     not only protect our environment but also improve it.''
       One such opportunity is the department's partnership with 
     Habitat for Humanity of Wake County, which won an 
     environmental excellence award from the FHWA this year. In 
     this program, Habitat helps raze houses within the 
     department's rights-of-way that are scheduled for demolition.
       Prospective homeowners help demolish the houses, earning 
     credit toward the construction of their new homes. Materials 
     are then stored in Habitat's reuse center and sold to the 
     general public at reduced prices. The department is currently 
     working to develop partnerships with other Habitat chapters 
     throughout the state.
       Another initiative is a pilot project with Bion 
     Technologies, of Clayton, North Carolina. Last year the 
     company donated 900 lb (410 kg) of swine waste for use as an 
     alternative to commercial fertilizer. NCDOT roadside 
     environmental engineers are currently working with the 
     company to monitor the effectiveness of this product in 
     test plots of wildflower beds along U.S. 117 south of 
     Goldsboro to see if more widespread use is warranted.
       ``Our partnerships with Habitat for Humanity and Bion 
     Technologies demonstrate to the public the positive effect 
     that recycling has on our culture as well as our 
     environment,'' said Tippett. ``These efforts also prove that 
     it is possible to have a quality transportation system and a 
     beautiful environment at the same time.''


                               texas dot

       TxDOT's road to recycling initiative represents a mammoth 
     endeavor to use recycled materials in road construction and 
     maintenance projects. The goal of this initiative is to 
     increase the use of recycled materials in road construction 
     when they confer environmental benefits and economic or 
     engineering advantages.
       Since 1995 TxDOT has coordinated more than $1 million worth 
     of research to investigate the use of a broad array of 
     recycled materials in road construction, including glass 
     cullet, scrap tires, fly and bottom ash, crushed porcelain 
     toilets, shredded brush, compost, roofing shingles, plastics, 
     RAP, crushed concrete, and industrial wastes. The research 
     has been equally broad in the scope of roadway construction 
     applications studied and has examined road signs, roadway 
     safety devices, embankments, asphalt and concrete pavements, 
     soil erosion control, drainage, vertical moisture barriers, 
     and road bases.
       Information on the merits of recycled roadway materials has 
     been disseminated around the world through information 
     showcases, press releases, a video, a Web site, two 
     conferences, and a yearlong publicity campaign.
       Since the inception of its recycling program in 1994, TxDOT 
     has spent more than $506 million on ``green'' products and 
     diverted more than 13 million tons (12 million Mg) of 
     materials from landfills--a diversion equivalent to more than 
     1,300 lb (590 kg) for every man, woman, and child in Texas. 
     These staggering numbers are for the most part directly 
     attributable to the use of recycled materials in road 
     construction applications.
       As part of its continuing efforts to promote the use of 
     materials recovered from solid waste, the U.S. EPA has 
     developed the Comprehensive Procurement Guideline (CPG) 
     program. The institutional purchase of recycled products by 
     government ensures that the materials collected in recycling 
     programs will be used again in the manufacture of new 
     products. Congress authorizes the CPG program under section 
     6002 of the Resource Conservation and Recovery Act (RCRA). 
     The CPG process designates products that are or can be made 
     with recycled materials. At present for construction 
     products, coal fly ash and ground granulated blast furnace 
     slag are listed for cement and concrete materials, and coal 
     fly ash and foundry sands are listed for flowable fill. 
     Materials are also listed for transportation and landscaping 
     categories. (Additional information is available at 
     [www.epa.gov/cpg/].)


                           other initiatives

       Established in the 1990s by the U.S. Department of Energy 
     (DOE), the Industries for the Future Program creates 
     partnerships linking industry, government, and supporting 
     laboratories and institutions to accelerate technology 
     research, development, and deployment. The DOE's Office of 
     Industrial Technologies is implementing the program for nine 
     energy- and waste-intensive industries, namely agriculture, 
     aluminum, chemicals, forest products, glass, metal casting, 
     mining, petroleum, and steel. The program's goal of 
     increasing competitiveness and reducing energy consumption 
     waste involves recycling

[[Page S7241]]

     by-products from these industries. A recent conference hosted 
     by the DOE and the Civil Engineering Research Foundation 
     explored recycling opportunities for these industries and in 
     formulating plans for the future looked at perceived 
     barriers, market needs, and collaborative relationships. (For 
     additional information about the Industries for the Future 
     Program, see [www.oit.doe.gov/industries.shtml].)
       Life-cycle analysis (LCA) has become increasingly common in 
     civil engineering construction applications. Indeed, its use 
     is being widely encouraged in addressing America's 
     infrastructure problems. An excellent example of this 
     application is the model BridgeLCC, developed by the National 
     Institute for Standards and Technology for use evaluating 
     high-performance bridges. BridgeLCC (see [www.bfrl.nist.gov/
 bridgelccl] is geared toward helping design engineers 
     estimate and compare the life-cycle costs of a new 
     technology--for example, high-performance concrete or fiber-
     reinforced-polymer (FRP) composites--with those of a 
     conventional technology made with conventional materials. The 
     FHWA has instituted similar models for highway design (see 
     [www.fhwa.dot.gov/resourcecenters/southern/msmith.htm]).
       There is less experience here in the United States with the 
     application of LCA in deciding whether to use recycled 
     materials or traditional materials in highway work, and this 
     is even more pronounced when environmental burdens or 
     emissions are included in the model. Recent work by the 
     Finnish National Road Administration has resulted in the 
     development of a comprehensive LCA and inventory analysis 
     program. In Finland the production and transport of materials 
     produce the most significant environmental burdens; the 
     activities that consume the most energy are the production of 
     bituminous asphalt and cement and the crushing and transport 
     of materials. The consumption of raw materials and the 
     leaching behavior of recycled materials there were also 
     regarded as being of great significance. A weighted 
     environmental loading assessment for three scenarios (coal 
     fly ash in subbase and stabilized subbase; crushed concrete 
     in base and subbase; and blast furnace slags in base, 
     subbase, and lower subbase) and a traditional construction 
     scenario were conducted in the Finnish study. The use of 
     blast furnace slag, crushed concrete, and coal fly ash in 
     road bases was seen as imposing a lower total environmental 
     loading than the use of coal fly ash in stabilized subbases 
     or the use of traditional pavements using crushed rock.
       Obviously, such analytical tools and case studies need to 
     be developed and applied to scenarios here in the United 
     States. However, the Finnish National Road Administration 
     data suggest that in a broader sense there may be additional 
     benefits to using recycled materials when life-cycle material 
     costs are considered in conjunction with the harm to the 
     environmental caused by energy production and the processing 
     and transport of materials.
       In refining their strategic plans, state DOT may find it 
     advantageous to consider the role of recycling. In addition, 
     as studies are carried out on proposed transportation 
     projects under the auspices of the National Environmental 
     Policy Act, is it possible that credit might be given for the 
     use of recycled materials, particularly if LCA shows that the 
     materials convey environmental benefits?
       The Netherlands probably best typifies the concept of 
     sustainability, and it offers a suitable model for certain 
     states and metropolitan areas here in the United States. The 
     recycling or reuse of secondary materials within the Dutch 
     building industry is commonplace--more than 10 percent of all 
     granular materials used in the building industry are 
     recycled.
       The Netherlands is an affluent country with high population 
     densities and limited land resources. The public has elected 
     not to set aside areas for landfills or aggregate mining. 
     This has led to the practice of sustainable development 
     within the building industry, as well as to a subset of that 
     industry: the highway construction industry. The basic 
     premise of the sustainability concept is that material cycles 
     should be closed (recycling involving use, reuse, re-reuse, 
     et cetera) so that there is less outright disposal and less 
     consumption of non-renewable natural materials. A number of 
     legislative initiatives, including the National Environmental 
     Policy Plan, the Waste Materials Policy, the Soil Protection 
     Policy, the Surface Minerals Policy, and the Construction 
     Industry Policy Declaration, provide the underpinning for 
     sustainable construction.
       The Dutch have adopted a market philosophy that regards 
     recycled materials as products rather than waste. This means 
     that the product will exhibit a typical product life cycle in 
     the marketplace. Recycled materials first undergo development 
     before coming into widespread use and maturing. Government 
     and private-sector publicity campaigns and policies support 
     the market. This concept might prove applicable in the United 
     States in states or geographic regions where population 
     densities are high, natural aggregates are scarce, and 
     sources of suitable recycled materials are plentiful.
       The Dutch government provides clear and unequivocal 
     engineering and environmental standards for all recycled 
     materials. This is usually achieved through governmental 
     research in support of the standards. Further, public or 
     industry working groups (including contractors) work 
     together to achieve these standards. The producers of 
     recycled materials use certified quality assurance and 
     quality control programs so that their goods can compete 
     against natural materials. The policy is clear, as is the 
     planning and implementation, which enables the producers 
     and contractors to prepare for this new market. The 
     government provides certain economic incentives, such as 
     hefty landfill disposal taxes on materials that can be 
     recycled and modest taxes on the use of natural 
     aggregates. If these aspects are combined, then a mature 
     recycling market can develop over time.
       There is a clear need for partnerships linking the private 
     sector, universities, research institutions, government 
     bodies, environmental groups, and the public. This relates to 
     the formulation and coordination of policy, the transfer of 
     information, and making resources available for additional 
     research and development (R&D).
       The private sector can play a variety of roles. Those 
     interested in having their by-products considered can make 
     use of the document Framework for Evaluating Use of Recycled 
     Materials in the Highway Environment so that they can work 
     with state DOTs and EPAs to develop the necessary data for 
     evaluation. Contractors can explore the use of recycled 
     materials to help meet the requirements of performance bonds. 
     Equipment manufacturers can also play a role by developing 
     technologies that would make it possible to recycle materials 
     on-site for pavements, bridges, and other civil 
     infrastructure, thereby reducing transport costs and 
     associated environmental burdens.
       At the state level, it may be appropriate for the DOTs to 
     consider recycling as stand-alone policy or as part and 
     parcel of their strategic plans. PennDOT's SRP may be a 
     starting point in efforts to systematically find, evaluate, 
     and apply recycled materials in transportation and civil 
     engineering work (see [www.dot.state.pa.us/penndot/bureaus/
beq.nsf/srp?OpenPage]). State DOTs may wish to give credit to 
     recycling strategies during the planning stage of 
     transportation projects, as well as in analyzing alternatives 
     and mitigation measures. In planning transportation 
     projects states could develop checklists that ask 
     questions about recycling choices or options for use, with 
     the responses used in analyzing alternatives and 
     evaluating secondary and cumulative effects. States could 
     use information derived from LCAs as part of their 
     benefits analysis and in information packages prepared for 
     public hearings and for obtaining permits.
       A more formal relationship between AASHTO and the 
     Association of State and Territorial Solid Waste Management 
     Officials is definitely worth exploring as this can help pave 
     the way for relationships at the state level. State DOTs and 
     EPAs might consider adopting beneficial use evaluation 
     frameworks similar to successful ones already in place or to 
     the generic one offered by the Framework for Evaluating Use 
     of Recycled Materials in the Highway Environment.
       A lowering of the barriers encountered in transferring 
     technologies from one jurisdiction to another across state 
     lines would be a great benefit. Fortunately, the 
     Environmental Council of State (see [www.sso.org/ecos/]) has 
     two programs related to reciprocity. The group called 
     Interstate Technology Regulatory Cooperation (ITRC) is a 
     state-led national coalition dedicated to achieving better 
     environmental protection through the use of innovative 
     technologies. The ITRC (www.itrcweb.org/) is exploring 
     general reciprocity arrangements involving 37 state members. 
     Six states (California, Illinois, Massachusetts, New Jersey, 
     Pennsylvania, and Virginia), under the Environmental 
     Technology Acceptance and Reciprocity Partnership (e.TARP) 
     are exploring reciprocity arrangements of a more formal type, 
     including one for beneficial use determinations.
       One recommendation that was strongly emphasized in the 
     final report on the workshop Partnerships for Sustainability: 
     A New Approach to Highway Materials Partnerships for 
     Sustainability is that state DOTs establish recycling 
     coordinator positions for the purposes of technology 
     transfer, research coordination, and outreach.
       At the federal level, partnerships linking the private 
     sector, the FHWA, the U.S. EPA, the DOE, and other competent 
     agencies are encouraged. Two obvious examples might be 
     coordinating the U.S. EPA's CPG program with the DOE's 
     Industries for the Future Program. Funneling beneficial use 
     applications and adopted specifications to the CPG program 
     also makes sense. There may be an opportunity to establish a 
     leadership council that could coordinate communication and 
     policy and improve intergovernmental approaches. Shared 
     funding should be considered for lowering barriers between 
     jurisdictions, demonstrating the use of innovative materials, 
     and applying ICA analysis. A recent report on the role to be 
     played by the National Science Foundation in meeting 
     environmental science and engineering needs in the 21st 
     century named industrial ecology (including product and 
     process ICA) as a program needing enhancement. This topic 
     should include recycling for infrastructure improvement.
       Congress is considering a number of bills that could serve 
     as vehicles in promoting recycling. The reauthorization of 
     the next highway bill in 2003 provides an excellent 
     opportunity to further promote appropriate recycling, 
     partnerships, technology transfer,

[[Page S7242]]

     and R&D. Making funds available to allow two or more states 
     to carry out joint demonstration projects would go a long way 
     toward reducing barriers. Congress can also examine the 
     information recently provided by the U.S. EPA's Science 
     Advisory Board on overcoming barriers to waste utilization 
     (see [www.epa.gov/science1/eeccm06.pdf]). One of the board's 
     most important recommendations--interpreting key definitions 
     so that wastes could be beneficially used and not be 
     inappropriately labeled as hazardous--would help with the 
     confusion at the federal level about the need for a third 
     category of by-product. Material that qualifies for inclusion 
     in this category would not be labeled as solid waste or as 
     hazardous waste; rather it would be suitable for beneficial 
     reuse in an open market. The reauthorization of the RCRA may 
     provide a suitable opportunity for this change.
                                  ____


        Federal Highway Administration Recycled Materials Policy


                        ADMINISTRATOR'S MESSAGE

       The National Highway System (NHS) is extensive, with over 
     160,000 miles of highway pavements and over 128,000 
     structures, built using large quantities of asphalt, 
     concrete, steel, and aggregate, and smaller quantities of 
     nonferrous metals, plastics, and other materials. Much of the 
     system was constructed in the 1960's and 70's and is in need 
     of major rehabilitation or total reconstruction; and much of 
     the materials used to build that system can be recycled for 
     use in the new construction. In order to carry out the 
     mission of the FHWA, i.e., to ``improve the quality of the 
     Nation's highway system,'' the NHS must be properly 
     preserved, maintained, rehabilitated, and when necessary, 
     reconstructed. Maintenance of highways and associated 
     structures is critical to our ability to provide the safest, 
     most efficient roadway system possible, while simultaneously 
     providing the greatest level of protection to the human and 
     natural environment.
       The same materials used to build the original highway 
     system can be re-used to repair, reconstruct, and maintain 
     them. Where appropriate, recycling of aggregates and other 
     highway construction materials makes sound economic, 
     environmental, and engineering sense. The economic benefits 
     from the re-use of nonrenewable highway materials can provide 
     a great boost to the highway industry. Recycling highway 
     construction materials can be a cost-saving measure, freeing 
     funds for additional highway construction, rehabilitation, 
     preservation or maintenance.
       Recycling presents environmental opportunities and 
     challenges, which, when appropriately addressed, can maximize 
     the benefits of re-use. The use of most recycled materials 
     poses no threat or danger to the air, soil, or water. 
     Furthermore, careful design, engineering and application of 
     recycled materials can reduce or eliminate the need to search 
     for and extract new, virgin materials from the land. The 
     engineering feasibility of using recycled materials has been 
     demonstrated in research, field studies, experimental 
     projects and long-term performance testing and analysis. 
     Significant advances in technology over the past decade have 
     increased the types of recycled materials in use and the 
     range of their applications. When appropriately used, 
     recycled materials can effectively and safely reduce cost, 
     save time, offer equal or, in some cases, significant 
     improvement to performance qualities, and provide long-term 
     environmental benefits.
       FHWA has established agency goals for enhancing the human 
     and natural environment, increasing mobility, raising 
     productivity, improving safety throughout the highway 
     industry, and preserving national security. All of these 
     goals are stated in our strategic plan, and we will ensure 
     that the FHWA recycling policy and recycling programs are in 
     alignment with those goals and underlying principles. This 
     recycling policy statement is offered to advance the use of 
     recycled materials in highway applications. It is intended to 
     provide leadership, direction, and technical guidance to the 
     transportation community for the use of recycling technology 
     and materials in the highway environment. The FHWA policy is:
       1. Recycling and reuse can offer engineering, economic and 
     environmental benefits.
       2. Recycled materials should get first consideration in 
     materials selection.
       3. Determination of the use of recycled materials should 
     include an initial review of engineering and environmental 
     suitability.
       4. An assessment of economic benefits should follow in the 
     selection process.
       5. Restrictions that prohibit the use of recycled materials 
     without technical basis should be removed from 
     specifications.
       FHWA has a longstanding position that any material used in 
     highway or bridge construction, be it virgin or recycled, 
     shall not adversely affect the performance, safety or the 
     environment of the highway system. This remains a cornerstone 
     in our policy statement. In order to foster innovation and 
     future development we support research, field trials, and 
     project demonstrations showcasing the findings.
       We will do this with: People:
       The FHWA Recycling Team.
       Creation of a team of champions in our Division Offices 
     that will be points of contact for recycling technology.
       Partnering:
       The Recycled Materials Resource Center.
       Working with the AASHTO Subcommittee on Materials and 
     Environment.
       AASHTO Standing Committee on Highways recently passed a 
     resolution on ``Use of Recycled Materials''. That document 
     requests the establishment of a joint task force be created 
     to provide the overall leadership for a coordinated national 
     recycling program.
       Coordination with State highway agency (SHA) Recycling 
     Coordinators and state solid waste management regulators.
       Interaction and coordination with industry partners.
       Taking the lead for coordination of recycling activities 
     and initiatives.
       Promotion and Support:
       Agency emphasis on recycling technology in the FHWA 
     Strategic Plan.
       Research, development, and technology transfer programs to 
     further innovation.
       Demonstration projects.
       Increased training opportunities for FHWA and SHA staff.
       Active promotion of recycling technology by providing 
     needed specifications, best practices, design guidance, and 
     material testing results to overcome barriers.
       Assistance in review, evaluation, and advancement of 
     emerging technology.
       Promoting the concept of ``sustainable'' construction, 
     i.e., construction designed for later recycling.
                                         Frederick G. Wright, Jr.,
     Executive Director.
                                  ____

                                          New Mexico State Highway


                                and Transportation Department,

                                        Santa Fe, NM, May 6, 2003.
     Attention: Eric Burman, Legislative Fellow.
     Hon. Jeff Bingaman,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Bingaman: My staff and I have reviewed the 
     proposed ``Recycled Roads Act of 2003'' legislation and 
     support it for the following reasons:
       The legislation supports on-going work that the NMSHTD 
     Recycling Task Force has been doing. It will enable us to 
     complete additional research on issues related to the use of 
     recycled materials on our roadways. Two current issues we are 
     pursuing are: (1) The feasibility of rubberized pavement in 
     roadway construction, and (2) The use of compost and/or mulch 
     as an alternative to reseeding upon the completion of 
     construction related projects.
       Another important aspect of this legislation is that 
     through its reporting requirements, it will enhance 
     communication and cooperation between the NMSHTD (NMDOT) and 
     other groups who are interested in the use of recycled 
     materials in transportation facility maintenance and 
     construction (e.g., state and tribal Departments of 
     Transportation).
       This legislation can provide the Department an opportunity 
     to expand and accelerate progress in areas we currently 
     pursue with limited resources.
           Sincerely,
                                                 Rhonda G. Faught,
     Cabinet Secretary.
                                  ____



                                        Environmental Defense,

                                     Washington, DC, May 22, 2003.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: Environmental Defense is pleased to 
     endorse the Recycled Roads Act, which promotes the use of 
     nontoxic recycled materials as road construction materials. 
     Using these recycled materials not only diverts them from 
     landfills and incinerators, but also reduces energy use and 
     pollution associated with manufacturing virgin materials for 
     road construction, thus benefiting the environment and human 
     health. It also provides economic benefits by enhancing 
     markets for recycling of materials like glass and tires that 
     have traditionally had limited recycling markets or 
     viability. Because some potentially recyclable materials have 
     toxic constituents, the bill's provisions requiring 
     evaluation of risk (in conjunction with the Administrator of 
     the Environmental Protection Agency) are a key aspect of the 
     bill. As always, our endorsement is specific to the text of 
     the bill as it stands at this point.
       Thank you for taking a leadership role on this important 
     issue.
           Sincerely,
                                                    Karen Florini,
     Senior Attorney.
                                  ____

                                            Surface Transportation


                                               Policy Project,

                                     Washington, DC, May 22, 2003.
     Hon. Jeff Bingaman,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senator Bingaman: On behalf of the Surface 
     Transportation Policy Project, I am writing to convey our 
     support for your legislation, the ``Recycle Roads Act of 
     2003.''
       The Surface Transportation Policy Project, among it goals, 
     seeks improved energy use and environmental protection. We 
     believe that our transportation investments, services and 
     incentives should not only meet our travel needs, but also 
     can further our efforts to protect and enhance the integrity 
     of our natural resources and enhance resource efficiency and 
     energy conservation goals.
       We know that the use of recyclable materials in 
     transportation projects conserves raw materials and reduces 
     the quantities of waste deposited in landfills. We also see 
     recyclable materials as part of a broader effort to extend 
     the life cycle of our transportation facilities, an important 
     value as we continue to look for ways to leverage available 
     dollars.

[[Page S7243]]

       Increased recycling can deliver engineering, economic and 
     environmental benefits, including increased opportunities for 
     rural economic development. The legislation would help create 
     new markets and incentives for recycling in small communities 
     and would provide additional savings for all levels of 
     government. The legislation would also foster greater 
     cooperation between transportation and environmental programs 
     carried out by states or Indian tribes.
       We applaud your leadership in developing this legislation 
     and support your efforts to move it forward during this 
     Congress.
           Sincerely,
                                                       Anne Canby,
     President.
                                  ____


                                S. 1168

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Recycled Roads Act of 
     2003''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) in 2000, there were more than 3,951,000 miles of 
     highways in the United States;
       (2) in the early 1990s, as much as 350,000,000 tons of raw 
     and recyclable material were used annually for highway 
     construction, rehabilitation, and maintenance;
       (3) in 2002, the Federal Government provided 
     $26,348,000,000, or more than 34 percent of funding, for 
     highways in the United States;
       (4) at least 45 States recycle a total of 73,000,000 tons 
     of reclaimed asphalt pavement annually, the use of which 
     results in an annual savings of approximately $300,000,000 as 
     compared with the cost of using raw material;
       (5) in 2002, the Federal Highway Administration issued a 
     policy encouraging States to use recycled material in highway 
     construction because recycling and reuse can offer 
     engineering, economic, and environmental benefits;
       (6) greater incorporation of recyclable material in highway 
     construction would--
       (A) provide a significant new national market for the use 
     of recyclable material;
       (B) create new markets and incentives for recycling in 
     small communities;
       (C) conserve raw material; and
       (D) reduce the quantities of waste deposited in landfills 
     in the United States (which would produce an additional 
     savings for the Federal Government and State governments); 
     and
       (7) the increased use of recyclable material in highway 
     construction could--
       (A) provide additional opportunities for rural economic 
     development; and
       (B) encourage expanded use of biomass products.

     SEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY 
                   CONSTRUCTION.

       (a) In General.--Subchapter I of chapter 1 of title 23, 
     United States Code, is amended by inserting after section 138 
     the following:

     ``Sec. 139. Use of recyclable material in Federal-aid highway 
       construction

       ``(a) Definition of Recyclable Material.--In this section:
       ``(1) In general.--The term `recyclable material' means any 
     material described in paragraph (2) that is determined by the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency--
       ``(A) to be recyclable and usable in construction of a 
     Federal-aid highway; and
       ``(B) to have undergone a recycling process to prepare the 
     material for further use.
       ``(2) Materials.--The materials referred to in paragraph 
     (1) are--
       ``(A) glass;
       ``(B) forest biomass;
       ``(C) a used tire or tire product;
       ``(D) reclaimed asphalt;
       ``(E) plastic; and
       ``(F) any other suitable material that does not contain a 
     total concentration of any toxic constituent that poses a 
     risk to human health or the environment--
       ``(i) during preconstruction activity, including storage, 
     transportation, or preparation of the material for use in 
     road construction;
       ``(ii) during the useful life of the road; or
       ``(iii) after the useful life of the road, including 
     subsequent recycling, reuse, or disposal of components of or 
     debris from the road.
       ``(b) Program.--
       ``(1) Establishment.--The Secretary shall establish a 
     recycled roads incentive grant program to encourage the 
     expanded use by States and Indian tribes of a diverse range 
     of recyclable material in the construction of Federal-aid 
     highways.
       ``(2) Grants.--In carrying out this section, the Secretary 
     shall provide to each State or qualified (as determined by 
     the Secretary) Indian tribe--
       ``(A) a grant, in an amount not to exceed $125,000 for a 
     fiscal year, to be used by the State or Indian tribe in 
     employing a coordinator to promote the use of a diverse range 
     of recyclable material in Federal-aid highway construction; 
     and
       ``(B) a grant, on a competitive basis, in an amount not to 
     exceed $1,400,000 for a fiscal year, to be used by the State 
     or Indian tribe in carrying out projects and activities to 
     promote the expanded use of a diverse range of recyclable 
     material in Federal-aid highway construction and maintenance, 
     such as projects and activities to--
       ``(i) eliminate economic barriers;
       ``(ii) develop markets;
       ``(iii) provide outreach, training, or technical 
     assistance; or
       ``(iv) collect program and performance data.
       ``(3) Administration.--
       ``(A) Redistribution of funds.--If funds made available for 
     use in providing grants under subparagraph (A) or (B) of 
     paragraph (2) for a fiscal year remain after the Secretary 
     has provided grants under the subparagraph for the fiscal 
     year, the Secretary--
       ``(i) may use the remaining funds to provide additional 
     grants under that paragraph for the fiscal year; but
       ``(ii) notwithstanding any other provision of this title, 
     shall not use the funds to provide grants or assistance under 
     any other program under this title.
       ``(B) Transportation and environmental cooperation.--In 
     providing a grant to a State or Indian tribe under paragraph 
     (2)(B), the Secretary shall encourage cooperation between 
     transportation and environmental programs carried out by the 
     State or Indian tribe.
       ``(C) Equitable treatment of states and indian tribes.--To 
     the maximum extent practicable, the Secretary shall treat an 
     Indian tribe as a State for the purpose of a grant provided 
     under paragraph (2).
       ``(4) State and tribal reports.--For the fiscal year in 
     which the program under this section is implemented and each 
     fiscal year thereafter, each State and Indian tribe that 
     receives a grant under paragraph (2) shall--
       ``(A) collect a sampling of data pertaining to the use by 
     the State or Indian tribe, during the fiscal year covered by 
     the report, of recyclable material in the projects for 
     construction of Federal-aid highways in the State or on land 
     under the jurisdiction of the Indian tribe that are carried 
     out under this section or any other provision of this title 
     using at least $1,000,000 in Federal funds, including a 
     description of--
       ``(i) each type of recyclable material used;
       ``(ii) the quantity of each recyclable material used; and
       ``(iii) the proportion that--

       ``(I) the quantity of each recyclable material used; bears 
     to
       ``(II) the quantity of all recyclable material and raw 
     material used; and

       ``(B) submit to the Secretary a report describing those 
     data.
       ``(5) Quality control.--The Secretary shall ensure, to the 
     maximum extent practicable, that data provided by a State or 
     Indian tribe under paragraph (4) is of a sufficient quality 
     and range to permit the Secretary to assess national 
     accomplishments involving the use of recyclable material.
       ``(c) Reports.--
       ``(1) Initial report.--Not later than 180 days after the 
     date of enactment of the Recycled Roads Act of 2003, the 
     Secretary shall submit to the appropriate committees of 
     Congress a report on the program to be carried out under this 
     section that includes--
       ``(A) an overview of program requirements;
       ``(B) an analysis of any significant issues relating to the 
     program; and
       ``(C) a proposed timeline for implementation of the 
     program.
       ``(2) Annual reports.--Not later than 2 years after the 
     date of enactment of the Recycled Roads Act of 2003, and 
     annually thereafter on the date of issuance of the annual 
     program performance report under section 1116 of title 31, 
     United States Code, the Secretary shall submit to the 
     appropriate committees of Congress a report on the program 
     under this section, including, for each recyclable material 
     used in the construction of a Federal-aid highway during the 
     period covered by the report, the information described in 
     subsection (b)(4).
       ``(d) Regulations.--The Secretary shall promulgate such 
     regulations as are necessary to carry out this section.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account)--
       ``(1) $10,125,000 for use in providing grants under 
     subsection (b)(2)(A) for each fiscal year; and
       ``(2) $113,400,000 for use in providing grants under 
     subsection (b)(2)(B) for each fiscal year.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code, is amended by 
     inserting after the item relating to section 138 the 
     following:

``139. Use of recyclable material in Federal-aid highway 
              construction.''.
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