[Senate Report 108-198]
[From the U.S. Government Publishing Office]
Calendar No. 394
108th Congress Report
SENATE
1st Session 108-198
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INCREASED USE OF RECOVERED MINERALS IN CEMENT OR CONCRETE
_______
November 17, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 793]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 793) 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, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
Background
The cement making process is energy intensive. Cement is
made by mining and crushing limestone, cooking the limestone
with other materials in a kiln at 3000F and then crushing the
resulting cement rocks, known as clinker, into fine cement
powder. An enormous amount of energy is required to maintain
the kiln temperature necessary to produce the chemical reaction
that turns limestone into cement.
RCRA Procurement Requirements
Section 6002 of the Resource Conservation and Recovery Act
(RCRA) requires the Federal Government to promote recycling
through the purchase of products containing recovered
materials. RCRA requires the Environmental Protection Agency
(EPA) to designate products that can be made with recovered
materials and to recommend practices for Federal agencies to
buy these products. These RCRA requirements apply to all
procuring Federal, State and local agencies that spend more
than $10,000 a year in Federal funds on an item designated by
EPA. A procuring agency can decide not to purchase a designated
item if the item is: 1) not available within a reasonable
period of time, 2) only available at an unreasonable price, and
3) fails to meet required performance standards.
Between 1983 and 1989, EPA issued five procurement
guidelines for products containing recovered materials one of
which was cement and concrete containing coal fly ash. In 1994,
EPA issued additional guidelines including cement and concrete
products made with ground-granulated blast furnace (GGBF) slag.
Executive Order 13101
Executive Order 13101 (EO), which was issued in 1998,
requires the head of each executive department and agency to
incorporate waste prevention and recycling into the
organization's daily operations. Specifically, the EO calls for
the department and agency heads to``. . . work to increase and
expand markets for recovered materials through greater Federal
Government preference and demand for such products.''
Additionally, the EO states that Federal agencies``. . . shall
comply with executive branch policies for the acquisition and
use of environmentally preferable products and services and
implement cost-effective procurement preference programs
favoring the purchase of these products and services.''
Despite RCRA section 6002 and EO 1310, the Federal
executive departments and agencies are not fully implementing
these recycling procurement programs. For example, the
Department of Transportation reports for fiscal year 1997, only
1-2 percent of all cement sales from Portland cement producer
and only about 50 percent of concrete mixed at batch plants
contain some fly ash or GGBF slag. Assuming material
availability across all regions, 100 percent of cement sales
could contain GGBF slag or fly ash, and 100 percent of concrete
mixes from batch plants could contain GGBF slag or fly ash to
the maximum level permitted by the mix design.
Objectives of the Legislation
The bill as reported is intended to increase the use of
recovered mineral component, such as fly ash, GGBF slag in
cement or concrete projects, and the use of granular mine
tailings in cement or concrete projects and transportation
construction projects (including the transportation
construction projects involving the use of asphalt), that are
carried in whole or in part using Federal funds. Once the
requirements of RCRA 6002 and the EO are fully implemented, the
Committee believes substantial energy savings and associated
environmental benefits will result. Also, in many applications,
the resulting concrete is stronger and more durable with the
addition of these mineral components.
Section-By-Section Analysis
Section 1. Increased Use of Recovered Mineral Component in Federally
Funded Projects Involving Procurement of Cement or Concrete
This section amends Subtitle F of the Solid Waste Disposal
Act by adding two sub-sections: 1) Section 6005 is titled
'Increased Use of Recovered Mineral Component in federally
Funded Projects Involving Procurement of Cement or Concrete';
and 2) Section 6006 is titled: 'Use of Granular Mine Tailings.'
Section 6005 adds the definitions for ``agency head,''
``cement or concrete project'' and ``recovered mineral
component.'' Agency head is defined as the Secretary of
Transportation and the head of each other Federal agency that
procures or provides Federal funds for the procurement of
material for cement or concrete projects. ``Cement or concrete
project'' is defined as a project for a transportation facility
or public facility that involves the procurement of cement or
concrete and is carried out using Federal funds. ``Recovered
mineral component'' is defined as ground-granulated blast
furnace slag; coal combustion fly ash; and any other waste
material or byproduct recovered or diverted from solid waste
that the Administrator determines should be treated as
recovered mineral component under this Act.
This section requires the Administrator and each agency
head to take necessary actions to implement fully all
procurement requirements and incentives that provide for the
use of cement and concrete incorporating recovered mineral
component in cement or concrete projects. An agency head is
required to give priority to achieving greater use of recovered
mineral component for which it has not been historically used
or used minimally.
This section requires the Administrator, in cooperation
with the Secretaries of Transportation and Energy, to conduct a
study to determine the extent to which current procurement
requirements may realize energy savings and environmental
benefits attainable with the substitution of recovered mineral
component in cement used in cement or concrete projects. The
legislation outlines several matters that must be addressed in
the study.
This section requires the Administrator to take additional
actions to establish procurement requirements and incentives
for the use of cement and concrete with increased substitution
of recovered mineral component in order to realize more fully
the energy savings and environmental benefits associated with
the increased substitution and eliminate barriers identified in
the study.
Section 6006, requires the Administrator, in consultation
with other agency heads, to establish criteria for the safe and
environmentally protective use of granular mine tailings from
the Tar Creek, Oklahoma Mining District, known as 'chat', for
cement or concrete projects, and transportation projects,
including those that use asphalt, that are carried out using
Federal funds. In establishing the criteria, the Administrator
is required to consider current and previous uses of 'chat,'
and any environmental and public health risks and benefits
derived from removal, transportation and use of 'chat.' In
establishing the criteria, the Administrator shall solicit and
consider comments from the public. The criteria shall be
effective upon establishment by the Administrator.
Legislative History
On April 7, 2003, Senator Byrd introduced S. 793. Senators
Jeffords and Hatch are cosponsors. The bill was then referred
to the Senate Committee on Environment and Public Works. A full
Committee business meeting was held on July 30, 2003, and the
Committee ordered S. 793, as amended, to be reported to the
full Senate.
Hearings
There were no hearings held on S. 793 during the 108th
Congress.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 793 on July 30, 2003. The Committee voted favorably
to report S. 793 by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that S. 793 would not
impose any Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 22, 2003.
Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 793, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff is Rachel Milberg, who
can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin
----------
S. 793, 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, as ordered reported by the
Senate Committee on Environment and Public Works on July 30,
2003
S. 793 would require the Administrator of the Environmental
Protection Agency (EPA) to study the benefits of using recycled
materials in cement or concrete projects that are paid with
Federal funds. The bill also would require the Administrator to
establish criteria for using certain granular mine tailings in
such projects. Based on information from EPA, CBO estimates
that implementing S. 793 would cost less than $500,000 in each
year over the 2004-2006 period, subject to the availability of
appropriated funds. Enacting S. 793 would not affect direct
spending or receipts.
S. 793 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill might impose some costs on recipients of federal grants by
encouraging the increased use of certain recycled materials in
federally funded construction projects, including highway
projects, that use cement or concrete. Since this provision
would apply only to projects that receive federal funding, it
would be a condition of federal aid rather than a mandate.
On April 7, 2003, CBO transmitted a cost estimate for H.R.
1346, the Federal Government Energy Management Improvement Act,
as ordered reported by the House Committee on Government Reform
on March 20, 2003. H.R. 1346 would require the same study as S.
793, and our cost estimate of the House bill did not include
any significant cost for that requirement.
The CBO staff contacts for this estimate are Rachel Milberg
(for Federal costs) and Gregory Waring (for the impact on State
and local governments). The estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
SOLID WASTE DISPOSAL ACT
TITLE II--SOLID WASTE DISPOSAL
Subtitle A--General Provisions
short title and table of contents
Sec. 1001. * * *
* * * * * * *
Subtitle A--General Provisions
Sec. 1001. Short title and table
of contents.
* * * * * * *
Subtitle F--Federal Responsibilities
Sec. 6001. Application of Federal, State, and local law to Federal
facilities.
Sec. 6002. Federal procurement.
Sec. 6003. Cooperation with Environmental Protection Agency.
Sec. 6004. Applicability of solid waste disposal guidelines to executive
agencies.
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.
* * * * * * *
Subtitle F--Federal Responsibilities
APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL FACILITIES
Sec. 6001. (a) * * *
* * * * * * *
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.
* * * * * * *
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