42 U.S.C. § 6966a — Increased use of recovered mineral com-

Page 7000 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966a use of recovered mineral component in cement or concrete projects for which recovered min- eral components historically have not been used or have been used only minimally. (3) Federal procurement requirements The Administrator and each agency head shall carry out this subsection in accordance with section 6962 of this title. (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 procurement require- ments, when fully implemented in accordance with subsection (b), may realize energy sav- ings and environmental benefits attainable with substitution of recovered mineral compo- nent in cement used in cement or concrete projects. (2) Matters to be addressed The study shall— (A) quantify— (i) the extent to which recovered mineral components are being substituted for Port- land cement, particularly as a result of procurement requirements; and (ii) the energy savings and environ- mental benefits associated with the substi- tution; (B) identify all barriers in procurement re- quirements to greater realization of energy savings and environmental benefits, includ- ing barriers resulting from exceptions from the 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 min- eral components historically have not been used or have been used only minimally; (ii) evaluate the feasibility of establishing guidelines or standards for optimized substi- tution 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 August 8, 2005, the Administrator shall submit to Con- gress a report on the study. (d) Additional procurement requirements Unless the study conducted under subsection (c) identifies any effects or other problems de- scribed 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 on which the report under sub- section (c)(3) is submitted, take additional ac- tions under this chapter to establish procure- ment requirements and incentives that provide for the use of cement and concrete with in- creased substitution of recovered mineral com- ponent in the construction and maintenance of cement or concrete projects— (1) to realize more fully the energy savings and environmental benefits associated with in- creased substitution; and (2) to eliminate barriers identified under subsection (c)(2)(B). (e) Effect of section Nothing in this section affects the require- ments of section 6962 of this title (including the guidelines and specifications for implementing those requirements). (Pub. L. 89–272, title II, § 6005, as added Pub. L. 109–58, title I, § 108(a), Aug. 8, 2005, 119 Stat. 612.) Editorial Notes CODIFICATION Another section 6005 of Pub. L. 89–272 is classified to section 6966a of this title. § 6966a. Increased use of recovered mineral com- ponent 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 main- tenance of a highway or other transportation facility or a Federal, State, or local govern- ment 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 other than lead slag; (B) coal combustion fly ash; (C) blast furnace slag aggregate other than lead slag aggregate; (D) silica fume; and (E) 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 August 10, 2005, the Administrator and each agency head shall take such actions as are necessary to imple- ment fully all procurement requirements and incentives in effect as of August 10, 2005 (in- Page 7001 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966b cluding guidelines under section 6962 of this title) 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 6962 of this title. (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 re- quirements, when fully implemented in ac- cordance with subsection (b), may realize en- ergy savings and environmental benefits at- tainable with substitution of recovered min- eral 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 bene- fits associated with that substitution; (B) identify all barriers in procurement re- quirements to greater realization of energy savings and environmental benefits, includ- ing 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 min- eral components historically have not been used or have been used only minimally; (ii) evaluate the feasibility of establishing guidelines or standards for optimized substi- tution 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 August 10, 2005, the Administrator shall submit to Con- gress a report on the study. (d) Additional procurement requirements Unless the study conducted under subsection (c) identifies any effects or other problems de- scribed 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 release of the report in accordance with subsection (c)(3), take additional actions authorized under this chapter to establish pro- curement requirements and incentives that pro- vide for the use of cement and concrete with in- creased substitution of recovered mineral com- ponent 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 in- creased substitution; and (2) eliminate barriers identified under sub- section (c). (e) Effect of section Nothing in this section affects the require- ments of section 6962 of this title (including the guidelines and specifications for implementing those requirements). (Pub. L. 89–272, title II, § 6005, as added Pub. L. 109–59, title VI, § 6017(a), Aug. 10, 2005, 119 Stat. 1888.) Editorial Notes CODIFICATION Another section 6005 of Pub. L. 89–272 is classified to section 6966 of this title. § 6966b. Use of granular mine tailings (a) Mine tailings (1) In general Not later than 180 days after August 10, 2005, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to estab- lish 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 granu- lar mine tailings as an aggregate for as- phalt; 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 con- sider 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 trans- portation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1).