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

Page 6999 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966 of solid waste shall insure compliance with such guidelines and the purposes of this chapter in the disposal of such waste. (4) The President or the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit of the legis- lative branch of the Federal Government shall prescribe regulations to carry out this sub- section. (b) Licenses and permits Each Executive agency which issues any li- cense or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Administrator to insure com- pliance with guidelines recommended under sec- tion 6907 of this title and the purposes of this chapter. (Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 95–609, § 7(o), Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96–482, § 23, Oct. 21, 1980, 94 Stat. 2347; Pub. L. 104–186, title II, § 222(2), Aug. 20, 1996, 110 Stat. 1751.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254e of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. 1980—Subsec. (a)(1)(A). Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government. Subsec. (a)(2). Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines. Subsec. (a)(4). Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Com- mittee on Rules and Administration with regard to any unit of the legislative branch of the Federal Govern- ment to prescribe implementing regulations. 1978—Subsec. (a)(1). Pub. L. 95–609, § 7(o)(1), (2), sub- stituted ‘‘management’’ for ‘‘disposal’’ in two places. Subsec. (b). Pub. L. 95–609, § 7(o)(3), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6965. Chief Financial Officer report The Chief Financial Officer of each affected agency shall submit to Congress an annual re- port containing, to the extent practicable, a de- tailed description of the compliance activities undertaken by the agency for mixed waste streams, and an accounting of the fines and pen- alties imposed on the agency for violations in- volving mixed waste. (Pub. L. 102–386, title I, § 110, Oct. 6, 1992, 106 Stat. 1516.) Editorial Notes CODIFICATION Section was enacted as part of the Federal Facility Compliance Act of 1992, and not as part of the Solid Waste Disposal Act which comprises this chapter. § 6966. 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 any other Federal agency that, on a regular basis, procures, or pro- vides Federal funds to pay or assist in pay- ing the cost of procuring, material for ce- ment 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, excluding lead 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 August 8, 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 8, 2005 (in- 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 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-