[Senate Report 108-198]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 394
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-198
======================================================================
 
       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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