Thursday
November 20, 1980
Guideline for Federal Procurement of
Cement and Concrete Containing Fly Ash
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76906
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Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
' ;"'.;• V •, ENVIRONMENTAL, PROTECTION
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40 CFR Part 249
{SWH-FRL 1S67-8J
Guideline for Federal Procurement of
Cement and Concrete Containing Fly
Ash
AGENCY: Environmental Protection
Agency.
ACTION: proposed guideline. _
SUMMARYrTne 'EnvJronmenlafProtectiori .....
Agency (EPA) is today issuing proposed
guidelines for the Federal procurement
of cement and concrete containing fly
ash implementing Section 6002{e) of the
Resource Conservation and Recovery
Act of 1976, as amended (RCRA).
Section 6002 of RCRA requires procuring
agencies using appropriated Federal
funds tq purchase items composed of the
highest percentage of recovered
materials practicable. Section 6002(e)
Instructs EPA to prepare guidelines to
tssist procuring agencies in complying
with the requirements of Section 6002.
The preamble to the proposed
guideline explains EPA's regulatory
strategy for fulfilling its responsibilities
u^der Section 6002 of RCRA,
DATjES; ..... Comments, arejdue.on January
15, 1981U A public hearing will be held
on January 8, 1981 from 9:00 a.m. to 4:00
p.nil " i ........ ................................ .............................. " ..............................................
ADDRESSEE: Comments should be •
addressed to RCRA Docket Clerk, Office
of Solid Waste (WH-562), U.S.
Environmental Protection Agency,
Washington, DlC. 204601 Comments
should identify the docket number,
;'\vhichiIi"Section6002." [[[ ' ...................
The public hearing will be held at EPA
Waterside Mall, Room 3906, 401 M
; : Street, SW., Washington, D.C. .............
FOR FURTHEH INFORMATION CONTACT:
John Heffelfinger, Hazardous and
Indus, trial Waste Division, Office of
Solici Waste (WH-565J, U.Sl
Environmental Protection Agency,
Washington, D.C. 20460; (202) 755-9206.
SUPPLEMENTARY INFORMATION:
Hearing: A public hearing will be held
on January 8, 1981 at EPA Waterside
Mall, Room 3906 from 9:00 a.m. to 4:00
p.m. Registration will begin at 8:30 a.m.
Anyone wishing to make an oral
statement at the hearing should notify,
In writing: Ms. Geraldlne Wyer, Public
Participation Office, Office of Solid
Waste (WH-562), U.S. Environmental
Protection Agency, Washington, D.C.
204GO. Oral and written comments may
be submitted at the public hearing.
Persons who wish to- make oral
presentations are encouraged to have
written copies of their complete
comm'Snts for inclusion in the official
record. , ' ',
Public Docket: The public docket for
this guideline is located in: Room 2711B,
y.S. Environmental Protection Agency,
401M Street SW., Washington, D.C.
20460, and is available for viewing 9:00
a.m. to 4:00 p.m.'Monday through Friday
excluding holidays.
Introduction
Purpose and Scope
The Environmental Protection Agency
is today proposing the first of a series of
guidelines designed to encourage the use
of products containing recovered
materials. Section 6002 of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976, as amended ("RCRA" or
"Act"), 42 U.S.C. 6962, requires Federal,
,State, and local procuring agencies using
appropriated Federal funds to purchase
items composed of the highest
percentage of recovered materials
practicable. EPA is required to prepare
guidelines to assist procuring agencies
in complying with the requirements of
Section 6002.
This preamble explains EPA's
regulatory strategy for fulfilling its
responsibilities under Section 6002 of
RCRA. Comments are requested on this
regulatory strategy as well as on the
specific guideline being proposed.
RCRA Y. ' "I",' ,',,",
The objectives of the Resource
Conservation and Recovery Act are the
protection of human health and the
environment and conservation of
valuable material and energy resources.
The Act sets forth a national program to
achieve these objectives by improving
solid waste management practices. The
provisions of the Act include (1)
requirements for control of the
generation, transportation, treatment,
storage, and disposal of hazardous
wastes, (2) establishment of _
environmentally sound disposal
practices for all wastes, and (3)
investigation and creation of incentives
for resource recovery and conservation
activities. These activities are to be
carried out through a cooperative effort
among Federal, State, and local
governments, as well as private
industry.
Requirements of Section 6002
Section 6002 of the Act, titled Federal
Procurement, directs all procuring
agencies which use appropriated
Federal funds to procure items
containing the highest percentage of
recovered materials practicable, given
»*"* ™ B '» I11:
; i
hat reasonable levels of competition,
cost, availability, and technical
performance are maintained.
Procuring agencies are also required
to review and revise specifications for
products in order to eliminate any
discrimination against the use of
recovered materials. They are to remove
specifications requiring that items be
manufactured from virgin materials, and
remove prohibitions against the use of
recovered materials.
Section 6002 gives the Environmental
Protection Agency responsibility for
promulgating guidelines to assist
procuring agencies in carrying out these
requirements and (in conjunction with
the Office of Federal Procurement Policy
in the Executive Office of the President)
for implementing the policy and program
at all levels of government.
Section 6002 is aimed at achieving the
materials conservation goal. Its clear
objective is to use the economic
incentive of Fe.deral procurement to
increase the recovery ,pf solid waste
materials. Federal procurement of
products made from recycled materials
can demonstrate their technical and
economic viability as they are used'by"
Federal, State and local agencies.
The specific provisions of Section
6002 are:
"(a) * * * a procuring agency shall
comply with the requirements set forth
in this section * * * with respect to any
purchase or acquisition of a
procurement item where the purchase or
acquisition of a procurement item where
the purchase price of the item exceeds
$10,000 or where the quantity of such
items or of functionally equivalent items
purchased or acquired in the course of
the preceding fiscal year was $10,000 or
more."
"(c)(l) * * * each procuring agency
shall procure items composed of the
highest percentage of recovered
materials practicable consistent with
maintaining a satisfactory level of
competition. The decision not to procure
such items shall be based on a
determination that such procurement
items—
"(A) Are not reasonably available
within a reasonable period of time;
- "(B) Fail to meet the performance
standards set forth in the applicable
specifications or fail to meet the
reasonable performance standards of
the procuring agencies; or
"(C) Are only available at an
unreasonable price."
"(c)(3) After the date specified in any
applicable guidelines prepared pursuant
to subsection (e) of this section,
contracting officers shall require that
vendors certify the percentage of the
total material utilized for the
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Federal Register /VoL 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules , 76907
performance of the contract which is
recovered materials."
"(d) Specifications.—(1) All Federal
agencies that have the responsibility for
drafting or reviewing specifications for
procurement item procured by Federal
agencies shall, in reviewing those
specifications, ascertain whether such
specifications violate the prohibitions
contained hi subparagraphs (A) through
[G) of paragraph (2). Such review shall
be undertaken not later than eighteen
months after the date of enactment of
this section.
"(2) In drafting or revising such
specifications, after the date of
enactment of this section—
"(A) Any exclusion of recovered
materials shall be eliminated;
"(B) Such specification shall not
require, the item to be manufactured
from virgin materials; and
"(C) Such specifications shall require
reclaimed materials to the maximum
extent possible without jeopardizing the
intended end use of the item."
"(e) Guidelines.—The Administrator,
after consultation with the
Administrator of General Services, the
Secretary of Commerce (acting through
• the Bureau of Standards), and the Public
Printer, shall prepare, and from time to
time revise, guidelines for the use of
procuring agencies in complying with
the requirements of this section. Such
guidelines shall set'forth recommended'
practices with respect to the
procurement of recovered materials and
items containing such materials and
with respect to certification by vendors
of the percentage of recovered materials
used, and shall provide information as
to the availability, sources of supply,
and potential uses of such materials and
items.",
"(g) The Office of Procurement Policy
in the Executive Office of the President,
in cooperation with the Administrator,
shall implement the policy expressed in
this section. It shall be the responsibility
of .the Office of Procurement Policy to
coordinate this policy with other ,
policies for Federal procurement, in such
a way as to maximize the use of
recovered resources, and to annually
report to the Congress on actions taken
by Federal agencies and the progress
made in the implementation of such
policy."
Background
The use of Federal procurement as a
tool in accomplishing social,
environmental, and economic goals is
not new. Federal laws provide
procurement preferences for:
—Small business concerns;
—Labor surplus area concerns;
—Low-noise-emission products;
—American-made products. '
Other laws prohibit Federal purchases
of products from firms which are in
violation of pollution regulations.
to the case of the Buy American Act,
regulatory provisions allow procuring
agencies to pay a six, twelve, or fifty
percent premium for domestically-
manufactured products, by adding from
six to fifty percent to the bid price of
non-domestically produced items. Bids
are then evaluated as if these were the
actual bid quotations received and the
awar^d is made to the lowest responsible
bidder. In the case of- low-noise-
emission products, up to a twenty-five
pesrcent premium may be paid for
products which are certified as such.
The use of Federal leverage
' specifically to stimulate demand for '
recycled materials has been supported
by several authoritative sources. Section
205 of the Solid Waste Disposal Act, as
amended, mandated the Administrator
to:
!"* * * carry out an investigation and
study to determine *. *. * the use of
Federal procurement to develop market
demand for recovered resources."
Chapter 4D.6 and 4D.7 of the final
report of the National Commission on
Materials Policy recommended that:
. "* * * the Federal Government
exercise leadership by using its
purchasing power to provide a market
for products made from recycled '
materials.
"* * * the Federal Government help
reduce the flow of solid waste by
establishing, within Federal purchasing
departments, performance standards
rather than composition standards that
. discriminate against secondary
materials."
In 1971, the President's Environmental'
Message to Congress directed the
General Services Administration to
purchase paper which contained
recycled material. The program
instituted by GSA led to revisions in at
least 86 purchase specifications,
including those for building materials,
office supplies, packaging, and tissue
products. GSA now requires certain of
these products to include percentages of
recovered materials ranging from three
up to one hundred.
On January 15,1976, EPA promulgated
Guidelines for Procurement of Products
that Contain Recycled Material (40 CFR,
Part 247) under the authority of the
Resource Recovery Act of 1970 (Pub. L.
91-512). Those guidelines were_advisory
and were intended to increase the use of
recycled materials in products
purchased by Federal agencies. The ••
general recommendations contained in
those guidelines were reflected in the
statutory language of Section 6002 of the
Resource Conservation and Recovery
Act of 1976. •..";••
Explanation of Current Regulatory
' Approach .
General vs. Specif 'icGuidelines
Soon after EPA undertook the effort to
prepare procurement guidelines, it
became clear that guidelines could not
be developed for all 50,000 Federal
product specifications and standards. It
is impossible to review all 50,000
Federal product specifications and make
decisions on that percentage of
recoverable materials is technically and
economically feasible, available in a >
reasonable amount of tune, and,
produced by enough companies to
guarantee that competition is ^
maintained.
Two major alternatives for fulfilling
the RCRA mandate were considered.
They were:
, (1) To issue a general guideline
recommending procedures to be used^by
procuring agencies in amending product
'specifications and revising procurement
practices so as to encourage the use of
products containing recovered
materials. This was the purpose of the
January 1976 EPA guidelines for .
procurement of recycled products; or
(2) To issue specific guidelines on
. selected products containing detailed
recommendations as to revisions in
product specifications and procurement
practices and information on
availability, sources of supply and
potential uses of the product. •
The first alternative was rejected
because it did not completely satisfy the
intent of the Act. Section 6002 .
specifically states that EPA's guidelines
are to provide information on
availability, sources of supply, and
potential uses of recovered material
products. Procuring agencies in most
cases do not have the resources
available to obtain this information.,
Therefore, EPA chose the second
alternative (i.e., selection of product
areas where increased use of recoverd
materials would be practical). EPA will
provide recommendations for revisions
in procurement practices and
information on availability and potential
uses for specific products made from
recovered materials.
RCRA Amendments
The product-Specific approach which
EPA has selected reflects the proposed
amendments to RCRA which have been
passed by both the Senate (S. 1156) and
the House of Representatives (H.R.
3994). The primary impact of these
amendments would be to key all of the
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76908
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Register / Vol. 45i No. 226 / T^ursdayi November 20," 1980 / Proposed Rules
purchasing requirements of Section
eOQ2{c) to the preparation by EPA of
guidelines for particular products.
Toward this end, EPA is directed to
^'designate those items which are or can
Be produced with recovered materials
and whose procurement by procuring
agencies will carry out the objectives of
(Section 6002)."
In anticipation of passage by
Congress of the proposed Section 6002
amendments, EPA has attempted to
draft this guideline so that It conforms
with the applicable provisions of both
the existing Section 6002 and the Section
(3002 amendments.
Criteria Fop Selection of Product Areas
Criteria were developed to aid in the
selection of product areas for which
" guidelines would be prepared. These
criteria are: [[[
(1) The waste material must constitute
1 significant solid waste management
problem due either to volume, degree of
hazard or difficulties in disposal;
(2) Economic methods of separation
ft&d recovery must exist;
(3) The material must have technically
ll
(4) Federal purchasing power for the
final product must be substantial.
Comments are specifically requested
on the Agency's choice of criteria for
product selection, as these criteria are
proposed to be used in the selection of
products for inclusion under future
..... guidelines.
Product Areas Currently Under Study
With these criteria in niiid, EPA ha?
initially chosen four major product
categories for the issuance of guidelines
under Section 6002. These categories are
fly ash in cement and concrete,
composted sewage sludge in soil
amendments, recycled paper products,
and highway construction products
containing recovered materials. EPA
expects additional candidate products
Id surface through its industry solid
Waste studies program. As guidelines
are completed in these areas, additional
product areas will be selected for
issuance of guidleines.
Comnients are specifically requested
on the Agency's choice of product areas
for issuance of guidelines. The Agency
also requests suggestions for additional
product areas for consideration,
accompanied by documentation as to
how any new products satisfy the
criteria, • ,
Rationale for Choosing to Issue
Guideline Pertaining to Fly Ash
Fly aeh used in cement and concrete
was chosen as a product area were
Federal purchasing power could
significantly increase the use of a
recovered material. The following
discussion demonstrates that fly ash
meets the product selection criteria.
(1) Significant Solid Waste Problem.
Fly ash is the term used to describe an
ash component of coal which results
from the combustion of coal. The vast
majority of fly ash is produced in
electric power generating plants, where
powdered coal is burned to produce
steam to drive the turbines. Fly ash,
which is a finely divided imcombustible
mineral residue, is conveyed out of the
boiler along with the stack gases. It is
then collected from the gases by various
means, including electrostatic
precipitators, mechariical precipitators,
cyclone separators, bag houses and
scrubbers. It is stored in silos, awaiting
reuse or disposal, or it may be conveyed
directly to a disposal area. Fly ash
typically represents about 70 percent of
the ash generated by coal combustion,
with coarser and heavier bottom ash
accounting for the remaining 30 percent.
During 1978, 48.3 million tons of fly
ash were generated, with over 82
percent disposed of as waste. The
quantities of fly ash requiring disposal
will increase dramatically during the
1980's with the construction of
additional coal burning power plants.
Estimates are for fly ash generation to
be 70-80 million tons annually by 1985.
(2) Feasible Methods of Recovery.
Economically feasible methods exist for
recovery of fly ash from the waste
stream. Electrostatic precipitators or
mechanical collection devices separate
fly ash from boiler stack gases. In fact,
more than two-thirds of the coal-fired
generating stations have collection and
loading facilities for fly ash. However,
the majority of fly ash currently is
combined with bottom ash, boiler slag,
and/or scrubber sludge for disposal,
making future recovery for cement and
concrete use impossible.
[3) Technically Proven Uses. Cement
is a powder-like manufactured mineral
product, usually gray in color. Cement is
mixed with water and sand, gravel,
crushed stone, or other aggregates to
form the hard substance known as
concrete. Cement is not used by itself
for construction but is a component of
concrete.
Cement is produced by first grinding a
carefully proportioned mixture of raw
materials sjich as limestone, silica, sand,
clays, and iron ore. The mixture is
heated in huge rotary kilns at
temperatures approximating 1500° C
(2700° F), where chemical reactions take
place. The resulting marblesize pellets,
or clinker, are ground with a small
amount of gypsum (to control setting
and hardening] to produce an extremely
find po'wder, known as "portland"
cement. Portland cement is a generic
term used to describe a particular type
of inorganic hydraulic cement. A
hydraulic cement is a cement which will
combine with water and harden.
Although not cement itself, fly ash has
the property of cementation when
combined with lime and water, and this
can complement the cementing action of
Portland cement. Fly ash combines with
the water-soluble lime generated during
the reaction of portland cement with
water, and forms insoluble cementitious
compounds. This cementitious property
gives fly ash two primary uses: As an
ingredient in blended cements, and as a
component of portland cement concrete.
When used to produce blended cement,
fly ash is either interground with the
portland cement clinker, or blended with
•the finely ground portland cement
powder (or both). When used directly in
concrete, fly ash is added to the
standard concrete ingredients at the
concrete mixing site. Fly ash can be
used either as a partial cement
replacement in concrete, or as an added
ingredient to obtain certain desired
concrete characteristics.
a. Blended Cement. Several U.S.
cement manufacturers produce a
blended cement meeting the standards
prescribed by the American Society for
Testing and Materials (ASTM) for the
use of fly ash in cement. Blended cement
containing fly ash is included in ASTM
specification,C595 and is designated as
"Type IP" or "Type I(PM)." Table 1
indicates the extent to which Type IP or
Type I(PM) cement can be used as a
substitute for ASTM cement Types I
through V in general concrete
construction.
Table 1
ASTM
cement type
Purpose
Substitute
fly ash
II
III
IV
V
heat of hydration.
..Yes.
No
Yes
Yes.
b. Concrete Admixture. Fly ash can
also be used directly aS an admixture in
concrete, as a partial replacement for
portland cement. ASTM specification
C311 contains requirements for the
sampling and testing of fly ash when
used in this manner. ASTM C618.is the
standard specification for the use of fly
ash as an admixture in concrete. In
addition, the General Services
Administration maintains Federal
Specification SS-C-1960, which
references ASTM C618, with minor
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Register /
No. 226 /Thursday, November 20, 1980 / Propose^ Rules .:.-.., 76909.
loss on ignition, and the pozzolanic
activity index. '""','
On a'/national level, the U.S. Army
Corps of Engineers has used fly ash in
concrete in various projects, most
notably dam construction, for many
years. Some State Departments of
Transportation have approved its use.
For example, the Georgia Department of
Transportation (DOT) revised its
specifications in 1975 to allow fly, ash to
be used as a partial cement
replacement. Since then, Georgia's DOT
has placed over three million cubic
yards of fly ash concrete pavement and
road shoulders, and is now considering
review of the specification to allow for a
greater fly ash replacement rate.
Many ready mixed concrete producers
and concrete product manufactuers
have used fly ash for years, particularly
in non-specification jobs where they are
responsible for the performance of the
product, but are able to choose the
material content which will best suit
their needs both technically and
economically.
'c. Enhanced Performance. The use of
fly ash in cement and concrete may
enhance the performance characteristics
of the final products.* These advantages
can be summarized as follows:
1. Greater Ultimate Strength. Proper
mix design will achieve 28-day strength
equal to or better than a typical Type I
cement. Fifty-six day strength will be
superior in almost all cases; In Chicago,
the Sears Tower, John Hancock Center,
and Standard Oil Building all
incorporate fly ash. Use of fly ash xvas
found t6 be the most practical and
economical method of obtaining high
strength mixes.
2. Improved'Workability.
Specification fly ash used hi properly
proportioned concrete mixes improves
the pumpability, handling, placing, and
finishing of fresh concrete, in part due to
the glassy, spherical shape of fly ash
particles which add to the "plasticity" of
the mix. '
3. Reduced Water Requirement. Due
to improved workability, usually less
water needs to be added to the mix,
resulting in less drying shrinkage and
less cracking. ,' ;
4. Lower Heat ofHydration.
Generally, less heat is generated during
the chemical reactions between the
cement and water, resulting in less
thermal cracking; especially important
in mass concrete applications such as
•The properties of cement and concrete which
contain fly ash have been examined and
documented. A report by the National Bureau of
Standards entitled "The Utilization of Industrial By-
Products in Blemled Cements" summarizes these
properties.
dams, large beams, retaining walls, arid.
foundations.
. 5. Increased Sulfate Resistance. A
proper mix with certain classes of fly
ash will reduce the chemical attacks in
concrete from sulfates contained in
adjacent soil and groundwater. These
reactions cause cracking and eventual
disintegration of the concrete. Fly ash
forms stable cementitious compounds
with certain cement constituents, thus
reducing the ability of sulfates to . •.
combine with these same cement
constituents. .
6. Reduced Alkali-Aggregate
Reactions. Certain aggregates react with
the alkalis generated during cement
hydration, resulting in disruptive
expansion and cracking of concrete.
Certain classes of fly ash react with
these alkalis to form stable compounds,
thus preventing or severely reducing the
reaction with aggregates and the
accompanying detrimental effects.
d. Disadvantages. Several
- disadvantages which are associated
with the use of fly ash can be overcome
through proper use.
1. Variable Physical and Chemical
Composition. Fly ash can be highly
variable in its physical and chemical
composition. This variability can be due
to several factors, such as coai^ source,
combustion process, and collection
method. This problem can be overcome
through adequate testing and quality
control of the ash. ASTM specifications
CJ595, C311, and C618 should be used as
minimum standards for acceptance of
fly ash. However, these material
standards by themselves will not
guarantee satisfactory performance of a
concrete mix. Therefore, EPA
emphasizes the need for quality
assurance procedures on the part of the
concrete contractor. Some users of ash
(e.g., Federal and State governments)
require that those who wish to
incorporate fly ash in concrete must
obtain ash from approved sources.
Z. Unfamiliar Users. Due to lack of
widely publicized and sometimes
inadequate data on mix designs [as
compared to general purpose concrete),
fly ash concrete may be improperly
prepared by an unfamiliar user. Mix
designs do exist to produce fly ash
concrete, and in most cases fly ash
brokers/companies will provide
manufacturing assistance and '
engineering design aid. The
"References" section of this guideline
refers to information on fly ash and its
use in cement and concrete. Potential
users should familiarize themselves with
the information in those publications.
3. Special Storage and Transportation
Equipment. Due to its extreme fineness,
fly ash requires the use of storage and-
conveying equipment with tight fittings.
Equipment meeting these requirements
is readily available.
4. Extended Curing Time. Mix
proportions have been developed which
will achieve equal or superior strength
to general purpose concrete at all ages,
particularly if 10%-30% fly ash is added
to a concrete mix, or if a blended cement
with up to 10% fly ash content is used.
However, when used as a cement
replacement^ Superior strength is usually
not achieved until the age of 28 days.
5. Increased Demand for Air
Entraining Agent. Fly ash used in
blended cements and concrete willoften
cause an increased demand for air
entraining agent. With proper testing
and quality control, the need for •
entrained air can be satisfied. The cost
of the additional air entraining agent'
and quality control is often balanced by
the cost savings associated with fly ash
use.
(4) Federal Purchasing Power. Almost
one-half of total U.S. cement
consumption is in public .construction
projects (public buildings, public works,
transportation). Since Federal funds
account for nearly two-thirds of the
funding for public construction
nationally, approximately 23 million •
tons of cement is purchased annually
either directly or indirectly with Federal
funds. These 23 million tons mark the
theoretical universe to which this
guideline applies.
The actual figure may be lower,
however, as some of these cement
applications may not.be technically
appropriate for the use of fly ash. In
addition, some of these Federally-
funded projects already incorporate fly
ash. On the other hand, with the
anticipated "ripple effect" of private
purchases being influenced by these
public purchases, the impact could be
substantially increased.
Guideline for Federal Procurement of
Cement and Concrete Containing Fly
Ash
Purpose
The purpose of this guideline is to
increase the use of fly ash in cement and
concrete purchased with Federal funds.
Fly ash is a by-product of coal
combustion. Its increased use in cement
and concrete will help reduce this
source of solid waste. At the same time
this will conserve both significant
amounts of energy and natural resources
used in making cement. Cost savings
can be achieved while providing a.
product that can be equivalent or even
superior to cement and concrete made
using only virgin materials.
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F6910
'.i iiiti f : • - in ' liii in I In 'il • in ,
Federal Register / Vol. .45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
This guideline will increase the
demand for recovered fly ash in
Federally-funded construction. This
Increased demand should improve the
marketability of fly ash and promote
wider acceptance of it as a cement
substitute and concrete, add|||ve:iii!rhis
together with the cost savings of fly ash
in local markets may result in its more
widespread use in non-Federally funded
construction as well.
Contents of the Guideline
This guideline designates fly ash used
In cement and concrete as a product
area for which procuring agencies must
SXerfltse affirmative procurement under
Section,8002 of RCRA and presents
recommendations for carrying out the
requirements of Section 8002 with
respect to fly ash used in cement and
concrete. RCRA defines procuring
agencies to Include not only Federal
agencies, but also state and local
agencies, grantees, and contractors
which are using Federal funds to .
purchase cement and concrete.
Sfictton 0002 of the Act sets forth
certain requirements for procuring
agencies. These requirements include (1)
enmlnaUng from specifications any
discrimination against the use of
recovered materials; (2) purchasing
products which contain recovered
material if reasonable levels pf technical
performance, cost, availability^ and
competition can be achieved; and (3)
obtaining certification from suppliers of
the actual percentage of recovered
materials used in the performance of the
contract. (The proposed amendments to
RCRA change this last requirement so
that suppliers would certify that they
have met any minimum contractual
requirements for including recovered
materials,)
To assist procuring agencies achieve
compliance with these requirements,
tills guideline recommends that
procuring agencies who purchase
cement or concrete adopt a dual bid
approach and solicit bids for both
Portland cement alone and portland
cement with fly ash (either as a blended
cement or as an admixture) except
where the use of fly ash would be
technically inappropriate. This guideline
further recommends that a procuring •
"•gettey Which knows cement or concrete
containing fly ash is reason ably
available, technically appropriate, and
fSonoihletlty competitive with portland
cement of concrete should only solicit
bids for cement or concrete containing
fly ask In addition, this guideline
recommends that, procuring agencies .
mice their guide specifications and
design guidelines to ensure that fly ash
u*e Is allowed, except where technically
inappropriate. It suggests certification
procedures which utilize the existing
review and approval mechanisms
already imposed by procuring agencies.
Phased-in implementation, with
specification changes to be made in the
first year after publication of this
guideline and purchases:to begin in the
second year, is recommended.
Discussion of Proposed Guideline
This section .of the preamble
summarizes and explains the proposed
guideline and its integration with the
requirements of Section 60D2 of the Act.
The jecommendations of this proposed
guideline, with regard to specifications,
purchasing, and certifications are
nonmandatory and adherence to them is
voluntary. These recommendations
represent the best information available
to.EPA and provide suggested
procedures for achieving compliance
with Secu'onS002.JEPA specifically
requests comments ^onicertain issues,
although comments are invited on all
issues contained in Ihe proposed
guideline, this preamble and the support
documents.
Scope
The scope of ibis guideline is limited
to the use olfly.ash jin jcement and
concrete.
Fly ash can also be used.in many
other construction applications, such as
road base material, structural "fill-and
embankment, and as lightweight
aggregate. However,"the .technical and
economic issues related to .these uses .of f
fly ash are -sufficientlyxlifferent to
warrant separate consideration by
procuring agencies. The Agency intends
to prepare guidelines on a product-by-
product basis. Guidelines an the use of
fly ash in road bases andistructural fill .
and embankmentare currently under
consideration.
The Agency considered expanding
this guideline to iifelude the USE of
granulated inmlalast furnace'slag in
cement and concrete. However,
granulated slag of the quality and
quantity required is not currently
available. In addition, iron blast furnace
slag is already reused at a very high
rate, as aggregate and as fill material.
The Agency may amend this guideline
or issue a separate guideline in the
future as performance, cost, and
availability of granulated blast furnace
slag is established.
Similarly, silica fume, the by-product
dust Eesulting from the manufacture of
silicon metal and collected in the air
pollution control devices, has been
studied for its use in cement and
concrete. The U,S. Army Corps of
Engineers has developedrresults which
indicate that silica fume can be
extremely beneficial in increasing the
resistance of concrete to sulfate attack,
while generally maintaining early
strength similar to that of portland
cement concrete not containing the dust.
However, additional technical
information and standards ;need to be
developed before this material is used
on a national scale. Thus,' a specific
procurement guideline is not currently
appropriate for.silica fume.
in the meantime, agencies, should
apply the general provisions of this
guideline in those .cases where suitable
granulated slag, silica fume, and other
recoveredanaterials become available.
This guideline should not be construed
as preventing the procurement of other
recovered materials suitable for use in
cement and concrete.
.Comment is requested on the
Agency's decision tolimit the scope .of
this guideline to the use of fly =ash in
cement and concrete.
Applicability
The .requirements of J3e,ction 6002
apply to '^procuring agencies." The term
"procuring agency" is defined by the Act
as "any Federal agency, or any State
agency or agency of a political
•subdivision x>f a State which is using
appropriated Federal funds lor such
procurement, or any person contracting
with any jsueh agency with respect to
work performed under such contract."
This guideline recommends that any
purchases tif cement or concrete made
with Federal funds, either directly or
indirectly,-allow ;for'fly ash to be bid as
an alternate material, unless It can be
shown !that'the use of fly ash is
technically inappropriate for a particular
construction application. This guideline
further recommends thai a procuring
agency which knows that cement or
concrete 'containing fly ash is
reasonably available and -cost
competitive wittrportland cement or
concrete should only solicit bids for
cement or concrete containing fly ash,
assuming the agency knows that a
satisfactory level of competition will
also be maintained.
• With regard to direct purchases, there
are several situations to which the
Agency believes this guideline should
apply.. Although the language on
applicability in Section 6002 leaves
room for interpretation, the Agency
believes the recommendations here best
describe the intent and practical
application of Section 6002.
The first is the case where a Federal
agency purchases cement, either in bag
or bulk form. The agency itselfjnay use
this cement or it may supply .the .cement
to other, persons or the cement may be
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Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
76911
.used by a person performing
construction services for the Agency.
For example, if the Department of
Defense, Navy, were to purchase cement
for use on a construction job, or if a"
general contractor or subcontractor
were to purchase cement for use on that
job, all would be subject to the
provisions of this guideline.
A second easels where ready-mixed
concrete is purchased directly by a
Federal agency. The same scenarios
applied to direct purchases of cement
apply here. If a Federal agency
purchases ready-mixed concrete for its
own use or, more likely, if a person
under contract to or in support of .a
Federal agency purchases concrete, then
the provisions of this guideline apply.
Indirect Federal purchases .of cement
and concrete are also subject to this
guideline. This is where the coverage of
the term "procuring agency" becomes
critical. Foremost .among indirect
consumers of cement and concrete .are
the 'Department of Transportation .
t (including the Federal Highway
Administration, Federal Aviatioiv
Administration, Urban Mass Transit
Administration); the Department,of
Health and Human Services; the
Department of Housing and Urban
Development; and the EPA itself
(wastewater treatment works
construction grants program). All these
agencies are involved in the Federal
funding of construction programs for or
through state and local governmental
authorities. Any purchase of at least
$10,000 worth of cement and concrete by
these .groups—?or by contractors,
subcontractors, grantees or other
persons using Federal funds resulting --
from grants, loans, funds or similar
forms of disbursements of monies—-is
subject to the,pro visions ;of,this
guideline. •
EPA recognizes .that these cases of
indirect federal funding may present .the
most difficulty for implementation. JFor
instance, while the 'Federal Procurement
Regulations .and Armed Services
Procurement Regulations control all
Federal -agencies in the case of direct
procurement,'each individual agency
establishes its-own grant regulations. In
addition, agency reviews appear to
, exert little influence over the
composition'of materials used hi
construction activities. An agency'»s
primary interest is -that Ihe project
performs as intended. EPA specifically
requests comments on the guideline's,
applicability and practicality for these
indirectly funded programs.
Another important issue Jiere is the
applicability of the $10,000 rule.'The *
guideline would apply where a
procuring agency directly purchases
more than $10,000 worth of cement or
concrete during the course of any fiscal
year. The rule is complicated if a
procuring agency purchases concrete
"services," which would not only
involve the supply -of the product but
also placement, finishing,_etc. Even more
complex is the case where a contractor
is assigned all construction activities for
a particular agency project, including
subcontracting authority for concrete
work. In such cases the actual cost of
the cement or concrete may not be
readily determinable. EPA is proposing
that the $10,000 limitation include the
cost of services jelated to jpurchase of
the product as well as the cost of-the
product itself, at least in those cases
where the separate cost of each cannot
be practically determined. Comments
are solicited on this issue.
.This guideline should not apply to
• construction activities being performed
which are only tangentially related to
Federal funding. For example, a
contractofmay perform laboratory
experiments and bench-scale, tests for
the Government under a contract. In
order to carry out his responsibilities he
may need to expand his existing
physical facility or construct a new one.
The cement and concrete used in .that
structure would not be subject to the
requirements of Section 6002 or this
guideline, even though some of the funds
received from Federal contract
payments might be used to finance the
construction. We request comments on"
this issue.
Definitions
Of the definitions which are contained
in. this proposed guideline, most are .self-
explanatory and non-controversial and
therefore need not be addressed In this
preamble. In addition to the definition of
"procuring agency!' discussed above, the
terms "recovered material" .and "solid
waste" deserve .discussion.
The requirements of Section 6002
apply to products containing -recovered
materials. The definition oof "recovered
•material" contained in this guideline is
the same ,as that in RGRA. The term is
defined as "material which has been
collected or recovered from solid
waste." .Confusion exists regarding
exactly what materials qualify.as
recovered "materials. For example, can a
material which has never been "thrown
away" or "discarded," as is often the
case with fly ash used in cement ;and
concrete, be considered .a recovered
material? The answer to this lies in
determining whether the material in
question is in fact ;a solid waste, as
discussed below.
The definition of "solid waste" used
in this proposed guideline is "that used in
theHazardous Waste Management
System regulations,, promulgated by'EPA
on May 18,1980. The statutory definition
of "solid waste" inJJCRA makes unclear
EPA's authority to regulate the use,
reuse, recycling, or reclamation of
wastes. Many commenters .on the
hazardous waste regulations argued that
EPA could not regulate materials as
solid wastes which were recovered and'
reused, because such materials were not
"discarded," "thrown away," or
"abandoned,", [terms used in the
preamble to the proposed regulations).
Among-other things such a position
would preclude EPA^s ability to write
guidelines for -Federal procurement .of
recycled products '(including -fly ash)
under Section 6002 of RCRAoirilessthe
recycled material Jhad at one lime been
completely abandoned and recovered
from a,solid waste stream.
EPA disagreed with .these
commenters'-position in publishing the
final regulations for hazardous waste
management. Solid wastes do not cease
to be solid wastes simply because they
are being used, reused, recycled, .or
reclaimed. Rather use, reuse, recycling,
resource recovery, and reclamation a're
ways of managing solid wastes which, if
properly conducted, can avoid
environmental hazards, protect scarce
land supply, and reduce the 'nation's
reliance on foreign energy and
materials. Thus, according the tne
definition of ''solid waste" .now lised in
this proposed guideline, fly ash is
clearly a solid waste, andTly ashnsed in
cement and concrete is .clearly a -•
recovered material,under Section;6002 of
RGRA.
Specifications ,
Section 6002 of .the Act .requires
revision of all specifications Jor cement
and concrete for which federal agencies
have drafting and review responsibility
, so thatthey no longer exclude the use of
fly ash—and so that they incorporate
the use of fly ash to the maximum
extent.
To assist agencies in achieving
compliance'wlth this requirement, the
guideline makes-several
recommendations on specifications. It
suggests alternatives to an (Otherwise
strict interpretation of Section 6002.
.. There" are "three major categories of
specifications for which
recommendations.are made:
• Guide specifications—typically,
model standards or .specifications-issued
by a procuring agency, which are
suggested tor required for use-in the •
design of all of the construction projects
of an agency .(these are often referred to
as design standards or design
guidelines). •
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76012 Federal Register / Vo'l 45, No". 228 1 TWsday; Novemliier' 2ol 1980 / fto^oTed RuTiss
» Contract specifications—a precise
set of specifications prepared for a
particular construction project, which
contains such items as design,
performance, and material requirements
for that project.
• Material specification—a
specification that stipulates the use of
certain materials to meet the necessary
performance requirements.
Guide Specifications
in nil i i in n 11 ill i in i IF :
Procuring agencies will need to review
and revise guide specifications to
comply with the recommendations of
this guideline. In doing this, the agencies
will need to eliminate any
discrimination, either direct or indirect,
against the use of fly ash in cement and
concrete. In addition they must ensure
that guide specifications require that the
use of fly ash be considered and
incorporated, where appropriate, into
contract specifications for individual
construction projects. EPA recommends
a period of six months after the date of
final promulgation of the guideline to
complete review and revision of guide
Specifications.
Contract Specifications
Ultimately this guideline will have its
greatest effect on contract specifications
which are prepared for each individual
construction project. The guideline
recommends that agencies make sure
that specifications for individual
construction contracts allow for the use
of fly ash as an alternate material,
unless it can be shown that this would
be technically inappropriate. It also
recommends that the agency document
decisions to exclude fly ash from
contract specifications, in order to
respond to possible protests or inquiries.
Placing the burden upon the procuring
"age'ric^lb assure that fly ash is allowed
in contract specifications is particularly
important where the design function is
outside this agency, where construction
projects are being performed as a result
of grants, loans, funds, etc. Thus it is
critical that the technical officer;_qr
engineer on a contract work closely with
the contracting or grant officer to assure
that fly ash is appropriately considered.
EPA recommends that procuring
agencies take no more than twelve
months from the date of final
promulgation of the guideline to assure
that contract specifications reflect the
requirements of Section 6002. EPA
requests comments on any issue related
to revision of guide specifications and
contract specification.
Materal
Content
Both Federal specifications and
national voluntary consensus standards
exist.for the.useof fly ash in blended
cemejn|.an4Jnicpncrete..Ra&er than
actually revise existing material
specifications for portland cement, for
j^^_ ^__,^ agencies are
expected to make maximum use of the*se
existing material specifications.
llfllll|lT(hjs guideline suggests no minimum,
maximum, or absolute level of fly ash
content in blended cement or concrete
which is subject to this guideline.
Flexibility is necessary because of
variation in fly ashes and cements,
strength requirements, relative costs,
and even local and regional construction
practices and climatic conditions.
The provisions of ASTM specification
C595 for blended hydraulic cement
require that type IP cement contain 15%-
40% fly ash and that Type I (PM) cement
contain 0-15% fly ash by weight, thus
allowing fly ash content to be specified
in a range from zero to forty percent. A
typical blending rate in the industry
appears to be around 20%, However, the
actual proportion to use needs to be
determined on a job-by-job basis in
accordance with established mix design
procedures and performance needs.
When used directly in the
manufacture of concrete, industry
practice indicates that more fly ash
should be used than the amount of
cement replaced. This ratio should be at
least 1.25-1.50 fly ash to 1.00 unit of
cement. Typical replacement rates are
around the 15% level, but the actual
percentage needs to be determined on a
job-by-job basis.
Allowing the use of low levels of fly
ash in cement and concrete may
encourage additional companies to
experiment with the product and gain
expertise. This could ultimately increase
the number of companies using fly ash,
and the amount of fly ash they use.
Information contained in the
"References" can be used as guidance in
determining proper fly ash content.
Performance Standards
! !:! !:i: &!& i! i!
It is often claimed that designs of
construction projects are conservative
and, as a safeguard, intentionally
increase the strength requirements
beyond what the design criteria actually
requires. Setting concrete strengths
which are higher than actually needed
during the several days following
concrete placement (i.e., "high early,
strength") can deter the use of fly ash.
Although fly ash will generally enable a
concrete to achieve a higher ultimate
strength (e.g. at 28, 56, and 90 days),
very high early strength can be achieved
only by adding fly ash to the mixture
without reducing the cement content. In
this situation, the ecomomic and energy
conservation advantages of using fly ash
are sharply diminished.
1 EPA recommends revising certain
performance standards where
appropriate, primarily to extend the
period for strength evaluation. EPA
requests comment on this issue. Any
suggested revision to the proposal
should be supported by. appropriate data
and/or documentation.
Purchasing
EPA is designating fly ash used in
cement and concrete as a product area
-for which procuring agencies must '"
exercise affirmative procurement
actions under Section 6002 of RCRA. As
discussed in this Preamble under the
section entitled "RCRA Amendments',"
when EPA "designates" a product area
through the issuance of guidelines,
RCRA requires that procuring agencies
take positive steps to purchase that
product. This section of the guideline
contains recommendations for satisfying
the affirmative procurement
requirement.
Bidding Approach
EPA recommends that procuring
agencies utilize a dual bid approach for
cement and concrete purchases. All bid
solicitations for cement and concrete
should solicit bids for both portland
cement or concrete and cement or
concrete containing fly ash, where
technically appropriate. Award would
be made to the lowest priced
responsible offerer.
EPA further recommends that where
the application is technically
appropriate and where a procuring
agency is satisfied that cement or
concrete containing fly ash is
reasonably available and its bid price
will be competitive with that of portland
cement or concrete, only bids for cement
or concrete containing fly ash should be
solicited; Award would still be made to
the lowest priced responsible offerer.
Allowing vs. Requiring Sole Use of Fly-
Ash
EPA considered recommending that
procuring agencies require the use ,of
cement or concrete containing fly ash in
all cases where it is technically
appropriate, even where procuring"
agencies did not know it to be
reasonably available or cost
competitive. EPA did not choose to take ,
, this step for several reasons:
- (1) Assuming satisfactory technical
performance, RCRA requires that a
recovered material product be
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JFedgral-Register / Vol. 45, No. 226 / Thursday, November 20, 1980 /Proposed Rules 76913
purchased only if the product is
available in a reasonable period of time,
the product can be obtained at a
reasonable price, and the purchase is
consistent with maintaining a
satisfactory level of competition. If
cement or concrete .containing fly ash
were always required where technically
appropriate, the burden of determining
reasonably levels of price, availability
and competition would fall completely
upon the contracting officers, most likely
prior to issuance of a solicitation.
Procuring agencies have Indicated that
in-many cases, they do not have the
expertise or resources to .accomplish
this. When the use of fly ash is merely
solicited through a dual bid approach,
however, market conditions will
determine price and availability and
whether a satisfactory level .of
competition exists. Procuring agencies
can thus use this dual bid approach to
ascertain availability, price, and
competition for use in future
solicitations. .
(2] Many contractors still lack
knowledge of the proper use of fly ash in
concrete and of the means of ensuring
quality control. Under a requirement
that only bids for cement qr concrete
containing fly ash must be solicited,
contractors inexperienced in the use of
fly ash might submit a bid in order to
secure award of a contract, but might be
unable to provide a satisfactory product.
Forcing the use of fly ash could also lead
, to the use of lower quality ashes which,
might have deleterious effects on
concrete. While cement and concrete
suppliers are clearly responsible both
for the quality of the ingredients of their
product and for meeting appropriate
performance standards, simply
. recommending that a procuring agency
solicit bids on cement or concrete
containing fly ash only where it knows
such cement or concrete to be
reasonably available from responsible
suppliers may, at least in the early
stages of implementation of this
program, create a more favorable
atmosphere for acceptance of the
product over the long term as more users
gain experience with it.
(3) Requiring the use of fly ash as a
partial cement replacement in cement
and concrete would effectively preclude
use of other recovered materials in
cement and concrete. As discussed in
this preamble under the section entitled
"Scope,"-recovered materials such as
iron blast furnace slag and silica fume
may be used successfully in concrete,
especially in the future.tAlthough this
guideline applies only to use" of fly ash, >
the "general provisions of it should be
applied in those cases where other
suitable recovered materials become
available. Excluding such recovered
materials could be -a major setback to
their development. •
Bid Alternatives
Situations may occur where two or
more low .bids are received which offer
different levels offly ash content. While
it generally would be desirable to make
award to the bidder offering the highest
fly ash content (assuming technical
performance is maintained), there is a
problem if that bid price is higher than
that of other suppliers. To make award
to the higher bidder would be contrary
to certain fundamental government
procurement principles.
To, overcome this problem, the Agency
•considered establishing some type of
"sliding scale" which would allow
credits, and in effect additional payment
for the supply of various ranges of fly
ash in cement and concrete. This
alternative was rejected because it
seemed too cumbersome to develop and
implement, because it lacked statutory
authority, and because procurements
made under such an approach would
probably invite numerous protests from
tifcie losing bidders.
As another alternative, the Agency
considered establishing a minimum level
of fly ash content for those contractors
wishing to supply fly ash. If the lowest .
costs responsible bidder offered fly ash,
at least this minimum requirement of fly
ash content would be necessary to be
awarded the contract. The problem with
this approach is that no one level of fly
ash content, even a minimum level,
should be established for use in all
construction projects.
However, if procuring agencies desire
to establish some minimum -> '
requirements, they may consider a
modification of this alternative: On a
project-by-project basis, a minimum
level may be established based on
technical performance needs, -past
experience, local construction practices,
etc. Award would be made to the lowest
priced responsible offerer, and if fly ash
is used, the supplier must at least meet
the minimum fly ash content established
for that particular job. This minimum
need not be established immediately,
but may be set after sufficient
experience is obtained.
Recommendations as to Price, '
Competition, Availability, and
Performance •• . • .
Prices
Section 6002 raises the issue of
"reasonable" price. Congress did not
say that a recovered material product
need cost less than or the same as the
virgin material product it replaces, but
merely that its cost be reasonable. EPA
feels that Congressional intent could
mean that the recovered material .
product may in fact cost more, but not
much more, than the virgin product. EPA
considered setting a limit on how much
more could be paid for.a recovered
material product, such as five percent.
The Agency rejected this idea. The
allowance for payment of a premium for
recycled products is contrary to
fundamental .Federal procurement laws,
which generally require that award be
made to the lowest price responsible
offerer. In addition, it is unnecessary
since the use of fly ash in cement and
concrete is itself cost competitive. No
price premium should therefore be paid
for cement or concrete containing fly
ash. Indeed, to allow .a premium .may be
unnecessarily inflationary.
This guideline leaves the
determination of reasonable price to the
discretion of the procuring agency, ; •'
although the guideline does suggest
general procedures ior determining
reasonable prices and price competition,
based on procedures contained'in the
Federal Procurement Regulations
applicable to certain types of
procurements. The Agency cautions
against determining reasonableness of
price by comparing spot prices for
relatively small quantities of cement;or
concrete containing fly ash with "
competitive "bids for volume purchases
of portland cement or concrete.
Comments are requested on this issue of
reasonable price.
Competition
The primary purpose of competition is
to se.cure the lowest price for a given
product. Federal procurement
procedures state that adequate
competition is usually presumed to exist
if: (i) At least two responsible offerers
(ii) who can satisfy the Government's
requirements (iii) independently
compete for a-contract to be awarded
(ivj by submitting priced offers
responsive to the expressed .
requirements of a solicitation. In
addition, the prices should be examined'"
for reasonableness. Using the bid
alternatives recommended by EPA,
there should be no problem in achieving
reasonable competition. Solicitation of
fly ash bids alone is Tecommended only
where the procuring agency is satisfied
that the price of cement or concrete _
containing fly ash is reasonable and that
the product is available. Solicitation of
bids for both portland cement of
concrete"and cement or concrete
containing fly ash is recommended in all
other cases, thus enabling the procuring
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agency to better guarantee overall
competition
The existing Federal procurement
procedures do not suggest comparing
Contracts with respect to numbers of
bidders. They merely require that there
be a 8u|icle!injiiinuimbjr-iiofiibjdderis for
adequate price competition for th'e
particular contract at hand. EPA feels
that as long as prices can be determined
to be reasonable for cement and
cdricrete which contain fly ash, then
competition should be presumed to
exist, no matter what the number of
prospective offerers.
A vaUabtlity and Delays
Tjie Agency does not feel that
procuring agencies should have to
tolerate any unusual or unreasonable
delays In obtaining cement or concrete
whlen contain fly ash, other than delays
"which may be typically associated with
Portland cement and concrete, as
specifications and purchasing practices
ar^revlsed to allow for the use of fly
«h, this material should become more
Widely available both geographically
and in terms of the number of
businesses willing and able to supply it.
IdL M II I I I
Peffortnanca
The issue of reasonable performance
Is addressed In this preamble under the
subsections on "Technically Proven
Uses," "Specifications," and "Quality
Control." Additional technical
performance information is contained in .
PJB "References" section of this
guideline.
In general, fly ash blended cement can
be considered substitutable for all
ASTM cement types except Type in,
5 ligh Early Strength [and even these
pcquireijietils can be met by adding, but
pot sub^fljuting, fly ash). However, from
a practical standpoint, the use of fly ash
should b© determined on a job-by-job
fyasis, qs„there may be specific technical
applications which would preclude the
Use of fly ash. The purpose of
• comparison to "reasonable"
performance standards is to eliminate
those standards, specifications,
procedures, and practices which are
overly restrictive and which
discriminate, either directly or
Indirectly, against the use of fly ash. The
Use of reasonable" performance
standards Is also jnlended to assure that
the necessary technical performance
requirements are still maintained, and
(fh*t product quality is not reduced
below acceptable limits.
_,. !" i J'l'"?'::iJ. :JM sir' ; r, - •:• v
Tims Phasing
Although the requirements of Section
5002 and the recommendationsof this
guideline should be implemented as
quickly as possible, the Agency
recognizes that problems could occur—
in,both the marketplace and
governmental procurement system—if
implementation is pushed,too rapidly.
For example, the cost of fly ash suitable
fcjruse, ffljementand concrete cou|cl
rise dramatically until the supply of
suitable ash and storage capacity has a
chance to increase. Construction
contracts might include allowance for
fly ash where it is technically
inappropriate. Thus, this guideline
recommends a phased-in approach to .
implementation.
The first year after final publication of
this guideline would be reserved for
specification review and revision.
Beginning hi the second year, procuring
agencies should conform their purchases
of cement or concrete to the
recommendations of this guideline, in
the manner discussed above.
Certification
In accordance with Section 6002 of the
Act, vendors are required to certify the
percentage of fly ash being included hi
the cement or concrete being supplied
under the contract. Tbis.ce^Jtific^tiipS
requirement is to take effect after a date
to be specified in the guideline.
The exact certification procedure and
language to use is in part dependent
upon the bid mechanism which is
employed, as discussed in this preamble
under the section titled "Purchasing-
Bidding Approach." For example, if fly
ash is allowed and the level of fly ash
content is left to the discretion of the
supplier, the content level should be
presented hi his bid. If a minimum level
of fly ash content is required, a bidder
should certify that the minimum is being
met, and also what percentage will
actually be used. This "information is not
only useful hi establishing future
contract requirements, but is most likely
a necessity in evaluating the concrete
mix design.
A simple certification clause is
contained in the Code,of Federal
Regulations, 41 CFR Part 1-1, Subpart 1-
1.2504, which states:
The offerer/contractor certifies that
recovered materials will be used as required
by specifications referenced in the
solicitation/contract.
The opinion of the Agency is that by
signing the bid document/solicitation,
the cement or concrete supplier is in
effect agreeing to meet the fly ash
content requirements. Thus, no separate
11 form, signature, etc. is needed.
^ addition to the inclusion of such a
V ITS SlT iftlll ifi " Bill,,, .tlN , .il,:< 5l«ill3lLmil5llll J!i|iliill3l"l NliliBllS CnSlll iIS""IlliS
certification clause in all solicitations,
the percentage of fly ash used should
normally.be certified on a per project or
per shipment basis, as opposed to
certification of the "average amount to be
used over the course of a year, for
instance. Except for technical
performance purposes in concrete' mix
design, a procuring agency may allow
the percentage to be certified within a
small range, rather than requiring an
exact percentage. The purpose of this
flexibility is to not discourage potential
suppliers who may be fearful that if an
exact percentage is certified for a
government contract, only that exact
percentage may be supplied. Weather
conditions or material variations, for
example, may require modification of
the concrete mix design and therefore
the fly ash content.
Comment is specifically requested on
the issue of certification.
Quality Control , • * '
Nothing in this certification section
should be construed to relieve the
contractor of responsibility for providing
a satisfactory product. Cement and
concrete suppliers are already
responsible both for the quality of the
ingredients of their product and for
meeting appropriate performance
1 requirements.
The responsibility for insuring the
quality of blended cement lies with the
supplier. ASTM specification C595
specifies adequate requirements for
quality control of fly ash used in
blended hydraulic cements. Most
blended cement manufacturers maintain
quality control programs. No additional
testing above that which would be
required of any cement should be
necessary on the part of the user/builder
to insure compliance with this
specification. However, the user must be
conscious of any differences which may
exist in the field application of blended
cement containing fly ash vs. portland
cement.
The responsibility for insuring the
quality of fly ash used as an admixture
in concrete is shared by the builder and
the concrete or fly ash supplier.
Although many suppliers of fly ash have
their own quality control program,
commenters have pointed out that
ASTM specification C618 may not be
sufficiently stringent to ensure all ashes
which comply are really suitable for
general use as mineral admixtures in
concrete, particularly when chemical
admixtures such as air entraining agents
are to be used. ASTM C618 has recently
been revised and the new specification
should be available in the near future.
However, there is no assurance that
allaaJigiWJijch gojnply will be suitable
for all uses. Fly ash and concrete
suppliers should be expected to
demonstrate (through reasonable testing
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: Federal Raster /yol^45i No. 226 / Thursday, November 20, 1980 / Proposed Rules '76915
programs or previous experience) the
performance and reliability of their
product.,The judgment of the builder
must be used in evaluating:
(1) Whether additional testing is
necessary to insure the performance of
the concrete, and
. (2) Whether such testing is cost
effective when compared with the cost
of using other materials.
Fly ash which does not satisfy'at least
ASTM specifications should not be used,
in cement or concrete on Federal
construction projects.
For those agencies desiring a testing
or quality assurance program for
cements, blended cements, or pozzolahs,
. the U.S. Army Engineer Waterways
Experiment Station (WES), P.O. Box 631,
Vicksburg, Mississippi 39180, may be
contacted, WES is the agency
responsible for testing such materials for
Federal agencies.
Comment is requested on the issue of
quality control for fly ash.
Enforcement and Monitoring
EPA expects full cooperation from all
Federal Agencies in implementation of
this guideline. The Office of Federal
Procurement Policy (OFPP) has the
major responsibility for overseeing
implementation of Section 6002 of
RCRA. The enforcement powers of EPA
and OFPP are limited mainly to,
jawboning. However, given the high
level of public and Congressional
interest in resource recovery and energy
conservation, substantial pressure may
be brought to bear on organizations
which fail to comly with the intent of the
guideline.
The OFPP is responsible for
monitoring and reporting annually to
Congress on the actions taken by
procuring agencies in implementing
Section 6002 of RCRA. OFPP has
imposed a reporting requirement upon
the procuring agencies to gather this
information. EPA, in conjunction with
the OFPP, will monitor the impact of this
particular guideline on the procurement
practices of Federal agencies and on fly
ash use. Should it become apparent
during the next several years that this
guideline has not been effective in
promoting the use of fly ash, EPA may
promulgate a recommendation that the
use of fly ash be required.
Procuring agencies should investigate
recovered material certifications if there
is a doubt about their validity. This
doubt could arise based upon the expert
knowledge of the contracting officer, or
by inquiries made by competitors about
the validity of certification. Procuring"
agencies should also investigate claims
from those desiring to supply fly ash
that they may still be precluded from
bidding for reasons other than technical
performance requirements.
Date
EPA is charged with designating a
time after publication of this guideline at
which certification requirements will
take effect. Certification of fly ash
content should be a part of any
solicitation which allows or requires the
use of fly ash in cement or concrete.
. This guideline recommends a twelve
month period after publication for
review and revision of all guide and
continuing contract specifications. After
this twelve month period any
solicitations/contracts issued should
either allow or require that fly ash be
supplied, and thus should incorporate
certification requirements.
Regulatory Analysis
In this and other sections, the
preamble contains discussions of the
four elements required hi a Regulatory
Analysis: (1) The program objectives, (2)
OUT consideration of regulatory
alternatives, (3) a general assessment of
our choices and (4) the rationale for our
decision. EPA believes it is complying
with the intent of Executive Order 12044
because of this and other efforts,
including the preparation of more
detailed background documents to
support the analyses below. These
documents may be examined at the U.S.
E.P.A. Headquarters, Room 2416, 401, M
Street, SW., Washington, D.C. 20460 and •
at E.P.A. Regional Libraries. If there are
apparent inconsistencies between these
documents and the preamble, the latter
shall represent the Agency's position.
Effects
(1) Economic savings. This guideline
should help the cement industry by'
reducing both energy costs and capital
investment requirements.for capacity
expansions. Adding capacity by using
fly ash to produce blended cement is a
viable alternative to new kiln
construction. Adding capacity with fly
ash involves about ten percent of the
cost of a new plant ($5-$15 per ton .
added capacity using fly ash vs. $125-
$185 per ton for a new cement plant).
The purchased energy cost associated
with cement production represents one-
third of the finished value of the
cement—very high in relation to other
building materials. At a typical blending
rate of 20 percent, fly ash in cement can
reduce total energy use about 15
percent The portion of total cost
represented by this energy savings—
currentlyiive percent^-will grow as the
cost,of purchased energy increases.
For cement consumers, i.e. ready
mixed concrete producers, concrete
, product manufacturers, and highway
contractors, fly ash can reduce raw
material costs. Cement prices range'-
from $40-$80 per ton, while fly ash
suitable for use in concrete may range
from $15-$50 per ton. Depending on the
replacement rate and relative price of
- the two materials, substituting fly ash :
can save 5 to 15 percent of the cost.
Procuring agencies may not be in a
position to realize the savings described •
here. Because of the pricing structure
and concentrated nature of the cement
industry^-and the fact that a properly
blended cement containing fly ash
performs as well or better than portlahd
cement—blended cements containing fly
ash (ASTM Types IP and I(PM)} may be
,priced at the same level as ASTM Type I
Portland cement. However, concrete
producers are able to take direct
advantage of decreased raw materials
cost by purchasing fly ash as a partial
cement replacement. Given the greater
competition among the large number of
firms in these industries, bid quotations
for concrete may reflect part of these
savings.
(2) Energy Conservation. In 1976, the
Portland cement industry accounted for
two percent of total energy used by U.S.
industry. Although the cement industry
has steadily reduced its energy
consumption per unit of product over the
past several years, the use of fly ash in
producing blended cements can still
save a significant amount of energy.
Seventy to eighty percent of the
energy used hi cement production is
consumed during the pyroprocessing
stage, where raw materials are
subjected to intense heat and chemically
react to form cementitious compounds,
or clinker. The clinker is ground into the"
fine powder known as cement..
Replacing the cement clinker with fly
ash (on a one-to-one ratio by weight)
reduces the amount of clinker
production required per ton of finished
cement. Energy savings are proportioned
to the percentage of fly ash used in the
blend. Assuming a twenty percent
replacement rate, the savings may range
from about 13 to 19 percent of total
, energy used in production.
Concrete producers can save energy
indirectly if fly ash is used as an
admixture at their plant. Replacing a
portion of cement with fly ash in the
final product would reduce the
production needed from the cement
industry, and thus would reduce energy
consumption. Each ton of cement
replaced would save approximately
5,750,000 BTUs of energy.
(3) Environmental Issues, (a). Benefits.
The use of fly ash in cement and
concrete will have a positive effect on
the environment, reducing pollution of
-------
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requested comment on other criteria
which might tend to affect the radiation
hazard. Among these is the emanation
rate of radon from the waste. The
'Agency has at this date taken no further
action on this proposed rulemaking to
establish general criteria for hazardous
radioactivity levels in wastes.
Where resource recovery is practiced,
another important consideration in
assessing the hazard is the proposed use
of the waste material. While a
significant proportion of fly ash
generated in the U.S. has more than 5
pCi/g of radium-226, the physical
structure of fly ash is such that its
contribution to radiation exposure is
probably less than that of most normal
constituents of concrete which generally
fall below this level. This is explained in
subparagraph (c).
(c) Radioactivity Issues. Several
groups have expressed concern to EPA
that fly ash used in die construction of
habitable structures could pose a threat
to public health due to radioactivity. The
source of the radiation threat is due to
radium-226, a radioactive isotope which
occurs naturally in soil, sand, and
mineral deposits as well as in fly ash.
The radium-226 content of soil generally
ranges from .2 to 3 picocuries per gram
(pCi/g). Limited measurements of
radioactivity in cement show that the
radium-226 content of cement can be as
high as 5 pCi/g, but typically averages
close to 1 pCi/g. Limited measurements
of fly ash presently generated in the U.S.
show a radium-226 content ranging from
1 to 8 pCi/g with an average of roughly 4
pCi/g.
There are two pathways of radiation
exposure from radium-226 in building
materials. The pathway of primary
concern is from inhalation of radon-222
and its short-lived decay products.
Radon-222, an inert gas with a
radioactive half-life of 3.8 days, is the
first generation decay product of
radium-226. Because it is an inert gas, it
can readily migrate from the building
material into the indoor air of a honje.
Although the rate at which radon is
created within a building material is
proportional to its radium content, the
intrinsic structure of the material may,
in some cases, prevent most of the radon
from escaping. When air containing
radon and its radioactive decay
products is breathed for long periods of
time, a person's risk of lung cancer is
increased, Gamma radiation from'
radium-226 and its decay'products is the
other exposure pathway. The amount of
gamma radiation emission from a
building material is proportional to its
radium content, but the total exposure a
person receives will also depend on
i Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
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Federal Register / Vol. 45, No. 226 / Thursday. November 20, 1980 / Proposed Rules 76617
part to potential consumers'
unfamiliarity with fly ash, and their
resistance to the use of a new product
where ah existing product—in this case
Portland cement—has traditionally been
accepted. In some cases there may be
outright discrimination against this use
of fly ash, because of attitudes,
personalities, and political and
economic pressure.
It is difficult to obtain quick approval
for a new product or material
specification in the construction field,
given the requirements for
experimentation, demonstration, field
evaluation and finally specification
changes. However, it should be
recognized that fly ash has already gone
through these steps. There are
established specifications_and standards
for the testing and use of this material.
Sources of ash must be acceptable and
EPA emphasizes that only ash which
meets established specifications should
be used. However, a procuring agency
need not "reinvent the wheel" by
requiring extensive and expensive
devaluation of the basic feasibility
which has already been proven. This
applies to all government agencies, but
especially to state and local entities
which use such instruments as building
codes, to regulate construction
activities.
Design engineers generally have the
final say on the materials to be specified
for a particular construction job.
Typically, until a majority of peer
engineers accept a "new" material there
is reluctance to use it. However, an
engineer can meet his or her
responsibility for the performance of a
/ structure by conducting a-thorough
review of the concrete mix design before
placing the concrete, and assuring that
the materials and mix design meet, as a
minimum, ASTM, Federal, and/or
American Concrete Institute
specifications. The intent of this
guideline is to help overcome certain of
these "institutional" barriers which may
• have no adequate foundation.
. Resource Requirements
The cost to procuring agencies of
' compliance with this guideline with be
minimal. The price of cement and
concrete containing fly ash should be
less than or equal to the price of
Portland cement and concrete. The start-
up costs of revising.specifications and
assimilating fly ash into the procurement
system should be relatively minor but
are not readily measurable.
The Office of Federal Procurement
Policy (OFPP) is responsible for
submitting an annual report to Congress
on actions taken by Federal agencies
and the progress made in
implementation of the resource recovery
policy of Section 6002. As a result, OFPP
already requires an annual report from
each Federal agency on actions taken in
the implementation of Section 6002. By
working closely with OFPP, information
relevant to the implementation of this
guideline can be obtained. Although
EPA and OFPP are responsible for
implementing and monitoring
compliance with this guideline, the
Agency believes an extensive
enforcement system is unwarranted,
since the responsibility for compliance
lies with Federal agencies subject to
RCRA requirements. Therefore, the
costs to OFPP and EPA of implementing
this guideline are expected to be
relatively minor.
A total of .3 man-years of effort per
year will be required of EPA during the
five years following promulgation of the
final guideline (1.5 man-years total).
This effort will focus on implementation
of guideline recommendations at the
Federal, State, and local level,
monitoring the impact of the guideline,
and making any necessary formal
revisions to the guideline language.
Public.Participation
An- interagency work group, including
representatives from most of the Federal
agencies which will be directly impacted
by this guideline, assisted in its
development. In addition, a draft of the
guideline package, including a summary
development plan, preamble, rule, and
background documents was circulated
to well over 200 interested persons for
comment.
The major issues of concern of the
work group and commenters were: (a)
Requiring vs. allowing for the use of fly
- ash, (b) responsibility for quality control
and performance of fly ash, (c) the
potential health effects of the use of fly
ash as a building material. These issues,
among others, are discussed in detailin
this Preamble.
Evaluation Plan
Executive Order 12044 requires that .
each new significant regulation have a
plan for evaluating its effectiveness with
five years of implementation. Such
evaluation could, for example, lead to
modification and improvement of.the
regulation. An evaluation plan will be
prepared for this guideline prior t its
final promulgation.
Dated: November 13,1980.
Douglas M. Costle,
Administrator.
Title 40*CFR is amended by adding a
new Part 249 to read as follows:
PART 249—GUIDELINE FOR FEDERAL
PROCUREMENT OF CEMENT AND
CONCRETE CONTAINING FLY ASH
Subpart A—Purpose, Applicability, and
Definitions
Sec.
249.01 Purpose,
249.02 Designation.
249.03 RCRA Requirements pertaining to fly
ash.
249.04 Applicability. —
249.05 Definitions.
Subpart B—Specifications
249.10 Recommendations for material
specifications.
249.11 Recommendations for guide
specifications.
249.12 Recommendations for contract
specifications.
249.13 Recommendations for fly ash content
and mix design.
249.14 Recommendations for performance
standards.
Subpart C—Purchasing
249.20 Recommendations for bidding
approach.
249.21 Recommendations for reasonable
price. '
249.22 Recommendations for reasonable
competition.
249.23 Reasonable availability.
249.24 Recommendations for time-phasing.
Subpart D—Certification ' --
249.30 Recommendations for measurement.
249.31 Recommendations for
documentation.
249.32 Quality control.
249.33 Enforcement.
249.34. Date recommendations.
Authority: 42 U.S.C. 6962.
Subpart A—Purpose, Applicability, and
Definitions
§ 249.01 Purpose.
(a) The purpose of the guideline is to
assist procuring agencies in the
procurement of cement arid concrete
which contain fly ash, in accordance
with Section 6002(e) of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976, as amended ("RCRA" or
"Act") (42 li.S.C. 6962)'.
(b) This guideline contains
recommendations for use in
implementing Section 6002 requirements,
including revision of specifications,
purchasing, phasing-in of requirements,
and certification procedures.
§ 249.02 Designation.
Fly ash used in cement and concrete it
hereby designated by EPA as a product
. area for which affirmative procurement
actions are required on the part of
procuring agencies, under the
requirements of Section 6002 of RCRA.
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76910
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Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
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1 249.03 RCRA requirements pertaining to
fly ash.
RCRA requires action on the part of
procuring agencies with regard to
revising specifications and initiating an
affirmative purchasing program for
recovered materials.
(a) In accordance with the
requirements Section 6002(d)(l} and
(d](2) of RCRA, all federal agencies
wnich have responsibility for drafting or
reviewing specifications for cement or
concrete, or construction activities
involving the userof cement or concrete,
' " " """ "" "'' .......... ' "'" ' ..... '''
. , . ..... .„, . , ....... . .,.
(1) Eliminate from these
specifications:
(i) Any exclusion of fly ash as a
component in cement or concrete, and
(ii) Any requirements, either direct or
indirect, that the items be manufactured
from virgin materials.
(2) Assure that these specifications
require the use of fly ash to the
maximum extent practical, without
Jeopardizing the final cement or
concrete product.
Tha requirements of paragraph (a)(l) of
this section apply in all cases except
those in which it can be demonstrated
that performance standards would not
be saUified, However, if performance
standards are so stringent that they
opocUvely and arbitrarily exclude fly
ath, the performance standards must be
''" 'revised.
(b) In accordance with the
requirements of Section 0002(c)(l) of
RCRA, procuring agencies must
purchase cement and concrete which
contain fly ash unless a determination
has been made that (1) cement or
concrete containing fly ash will not be
Available within a reasonable period of
time, or (2) this cement or concrete is
only available at an unreasonable cost,
or (3) the purchase will result in a level
of competition which is less than
JMIsftclqry, or (4) the cement or
concrete will not meet reasonable
performance standards.
(c) In accordance with the
requirements of Section 6002(c)(3) of
RCRA, contracting officers must require
that vendors certify the percentage of fly
nth which is being incorporated in the
cement or concrete which they supply.
This requirement takes effect after the
dale specified in § 249.34.
$249.0* Applicability.
{n) This guideline applies to all
procuring agencies and to all
procurement actions involving cement or
concrete where the procuring agency
purchases in total $10,000 or more worth
of cement or concrete (including related
services such as placing and finishing)
during the course of a fiscal year, or
I " ......
where the quantity of such items
purchased during the preceding fiscal
year was $10,000 or more.
(b) Procurement actions include all
purchases for cement or concrete made
directly by a procuring agency or by any
person directly in support of work being
performed for a procuring agnecy, as hi
the case of general construction
contractors and/or subcontractors.
(c) This guideline also applies to any
purchases of cement or concrete made
"indirectly" by a procuring agency, as in
the case of purchases resulting from
grants, loans, funds, and similar forms of
disbursements of monies which the
procuring agency intended to be used
for construction.
(d) The guideline does not apply tp
purchases of cement and concrete which
are not the direct result of a contract,
grant, loan, funds disbursement, or
agreement with a procuring agency.
§ 249.05 Definitions.
As used hi this guideline:
(a) "Act" or "RCRA" means the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C.
section 6901 et seq.
(b) "Construction" means the erection
or building of new structures, or the
replacement, expansion, remodeling,
alteration, modernization, or extension
of existing structures. It includes the
engineering and architectural surveys,
designs, plans, working drawings,
specifications, and other actions
necessary to complete the project.
(c) "Contract specifications" means
the set of specifications prepared for an
individual construction project, which
contains design, performance, and
material requirements for that project.
(d) "Federal agency" means any
department, agency, or other
instrumental!ty of the Federal
Government, any independent agency or
establishment of the Federal
Government including any Government
corporation, and the Government
Printing Office (Pub. L. 94-580, 90 Stat.
2799, 42 U.S.C. 6903).
(e) "Fly ash" means the component of
coal which results from the combustion
of coal, and is the finely divided
incombustible mineral residue which is'
typically collected from boiler stack
gases by electrostatic precipitator or
mechnical collection devices.
(f) "Guide specification" means a
general specification—often referred to
as a design standard or design
guideline—which is a model standard
and is suggested or required for, use in
the design of all of the construction .
projects of an agency.
(g) "Implementation" means putting a
plan into practice by carrying out
planned activities, or ensuring that these
activities are carried out.
(h) "Material specification" means a
specification that stipulates the use of
certain materials to meet the necessary
performance requirements.
(i) "Persbn" means an individual,
trust, firm, joint stock company, Federal
agency, corporation (including a
government corporation), partnership,
association, State, municipality,
commission, political subdivision of a
State, or any interstate body
(j) "Procurement item" means any
device, good, substance, material,
product, or other item whether real or
personal property which is the subject of
any purchase, barter, or other exchange
made to procure such item (Pub. L. 94-
SSO, 90 Stat. 2800, 42 U.S.C. 6903).
(k) "Procuring agency" means any
Federal agency, or any State agency or
agency of a political subdivision of a
State which is using appropriated
Federal funds for such procurement, or .
any person contracting with any such
agency with respect to work performed
under such contract (Pub. L. 94-580, 90
Stat. 2800, 42 U.S.C. 6903).
(1) "Recovered material" means
material which has been collected or
recovered from solid waste.
(m) "Sludge" means any solid,
semisolid or liquid waste generated from
municipal, commercial, or industrial
wastewater treatment plant, water
supply treatment plant, or ah- pollution
control facility, exclusive of the treated
effluent from a wastewater treatment
plant.
(n)(l) "Solid waste" means any
garbage, refuse, sludge or any other
waste material which is not excluded
under paragraph (n)(6) of this section. .
(2) An "other waste material" is any
solid, liquid, semisolid or contained
gaseous material, resulting from
industrial, commercial, mining or
agricultural operations, or from
community activities which:
(i) Is discarded or is being
accumulated, stored or physically,
chemically or biologically treated prior
to being discarded; or
(ii) Has served its original intended
use" and sometimes is discarded; or
(iii) Is a manufacturing or mining by- "
product and sometimes is discarded.
(3) A material is "discarded" if it is
abandoned (and not used, reused,
reclaimed or recycled) by being:
(i) Disposed of; or
(ii) Burned or incinerated, except
where the material is being burned as a
fuel for the purpose of recovering usable
energy; or
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Federal Register / Vol. 45. No. 226 / Thursday, November 20, 1980 / Proposed Rules 76919
(iii) Physically, chemically, or
biologically treated (other than burned
or incinerated) in lieu of or prior to being
disposed of.
(4) A material is "disposed of" if it is
discharged, deposited, injected, dumped,
spilled, leaked or placed into or on any
land or water so that such material or
any constituent thereof may enter the
environment or be emitted into the air or
discharged into ground or surface
waters.
(5) A "manufacturing or mining by-
product" is a material that is not one of
"the primary products of a particular
manufacturing or mining operation, is a
secondary and incidental product of the
particular operation and would not be
solely and separately manufactured or
mined by the particular manufacturing
or mining operation. The term does not
include an intermediate manufacturing
or mining product which results from
one of the steps in a manufacturing or
mining process and is typically
processed through the next step of the
process within a short time. >
(6) The following materials .are not
solid wastes for the purpose of this part:
(i) (A) Domestic sewage; and r
(B) Any mixture of domestic sewage
and other wastes that passes through a
sewer system to a publicly-owned
treatment works for treatment.
"Domestic sewage" means untreated
sanitary wastes that pass through a
sewer system
. (ii) Industrial wastewater discharges
that are point source discharges subject
to regulation under Section 402 of the
Clean Water Act, as amended. _ .
(Comment: This exclusion applies only to the
. actual point source discharge. R does not
exclude industrial wastewatersj/yhile they
are being collected, stored or treated before
discharge, nor does it exclude sludges that'
-are generated by industrial wastewater
treatment) . , ^
(iii] Irrigation return flows.
(iv) Source, special nuclear_or by- •
product material as defined by the
' Atomic Energy Act of 1954, "as amended,
42 U.S.C. 2011 et seq.
(v) Materials subjected to m-sita
mining techniques wliich are not
removed from the ground .as parf of the .
extraction process. ,
(o) "Specification" means^Fclear and
accurate description of the technical
requirement for materials, products, or
services, which specifies thejninimum •
requirement for quality and'coftstaiction •
of materials and equipment necessary
for an acceptable product. In general,
specifications are in the forn|pf mitten
descriptions, drawings, prints,
commercial designations, industry
standards, and other descriptive
references. ;i:jr
Subpart B—Specifications
§ 249.10 Recommendations for material
specifications. -
(a] In material specifications,
maximum use should be made of
existing Federal specifications and
voluntary con'sensus, standards for
cement and concrete which contain fly
ash. These are:
(1) Cement, (i) ANSI/ASTM C595—
"Standard Specification for Blended
Hydraulic Cements." • •
(ii) Fed. Spec..SS-C-1960/4B—
"Cement, Hydraulic, Blended."
(2) Concrete, (i) ANSI/ASTM C618r-
"Standard Specification for Fly Ash and
Raw or Calcined Natural Pozzolah for
Use as a Mineral Admixture in Portland
Cement Concrete."
(ii) Fed. Spec. SS-C-196Q/5A—
"Pozzolan, For Use in Portland Cement
Concrete."
(iii) ANSI/ASTM C311—"Standard
Methods of Sampling and Testing Fly
Ash and Natural Pozzolans for Use as a -
Mineral Admixture in Portland Cement
Concrete." - . ,.
(b) Concrete specifications which
specify minimum cement content could
potentially discriminate against the use
of fly ash. Such specifications should be
changed in order to allow the
substitution of fly ash for cement in the
concrete mixture.
§249.11 Recommendations for guide
specifications. -
(a) Each procuring agency should
assure that its guide specifications do
not discriminate againt the use of fly ash
in cement and concrete. Each procuring
agency should:
(1) Revise specifications, standards, or
procedures which currently require that
cement and concrete contain virgin
materials to eliminate this restriction.
(2) Revise specifications, standards, or
procedures which prohibit using
recovered materials (particularly fly •
ash) in cement and concrete'to eliminate
this restriction.
(b) Guide specifications should
require that contract specifications for
individual construction projects allow
for the use of fly ash, unless fly ash use
is technically inappropriate for a
particular construction application.
, (c) Referenced specifications which
are maintained by national
organizations, such as the American
Association of State Highway and
Transportation Officials (AASHTO) and
.the American Concrete Institute (ACI)
should be modified, if necessary, to
remove any discrimination against the
use of fly ash in cement and concrete.
(d) Guide specifications should be
revised, if necessary, within six months
after the date of publication of this
guideline, to incorporate the
recommendations of paragraph (a)
through (c) of this section.
§ 249.12 Recommendations for contract
specifications.
(a) "Contract" specifications, which' -
are prepared either-by or for a procuring
agency for each individual construction
project, should allow the use of cement
and concrete which contains fly ash as
an alternate material for the project in
accordance with § 249.10, except as
noted in paragraph (b) of this section.
(b) Contract specifications should not
allow the use of fly ash if it can be
demonstrated that, for a particular
project or application, reasonable ,
performance requirements for the
cement or concrete will not be met, or
that the use of fly ash would be
inappropriate for technical reasons. The
demonstration under this paragraph
should be documented by the procuring
agency, design engineer/architect, or
.other responsible person, based on
specific technical performance
information. .
(c) The procuring agency should
assure .that contract specifications
reflect the provisions of paragraphs (a)
and (b) of this section by reviewing the
contract specification for any individual
construction project before'awarding the
contract. These requirements apply to
, projects which are contracted for
directly, as well as those projects
directly performed under the provisions
of grants, loans, funds, or similar forms
of disbursement.
(d) All contract specifications issued
after one year from the date of
publication of this guideline should meet
the provisions of this section.
§ 249.13 Recommendations for fly ash
content and mix design. .
(a) No minimum or maximum level of
fly ash content is specified for all uses,
due to variations in fly ash, cement,
strength requirements, costs, etc.
However, replacement rates of fly ash
for cement in the production of blended
cement generally do not exceed 20% to ..'
30%,'with 15% being a more accepted
rate when fly ash is used as an
admixture in concrete. Fly ash blended
cements may range from 0%-40% fly ash
by weight, according to' ASTM C595, for
Types IP and I(PM).
(b) Information on fly ash and
concrete mix design are contained in the
• "References" section of this guideline.
These sources should be consulted in
the design and evaluation of the proper
mix ratio for a specific project. In
general, the concrete mix is adjusted by
adding fly ash, while decreasing cement,
-------
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(76920 Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 / Proposed Rules
I
water, m& fine aggregate. 'The fly ash
should be checked for compliance with
fcpptlaible ASTM standards/Federal
specifications, and trial mixes should be
made to verify compliance of such mixes
With specified quality parameters. Only
fly ash which, as a minimum, meets
ASTM standards should be used.
1249.14 Recommendations for
perfortnsnca standards.
{a) Performance standards relating to
cement or concrete construction projects
should not restrict the use of fly ash,
either directly or indirectly, unless this
restriction is justified on a case-by-case
basis.
{bj A performance standard which
would restrict the use of fly ash is one
which requires higher strengths in
shorter periods of time than are actually
neqcssary To comply with design
criteria! Some alternatives which should
be considered, on a project-by-project
basis, include:
M Evaluating pavement strengths for
roads on the basis of 28 day strengths
Instead of 14 days strengths.
(2) Evaluating airfield pavement
strengths on the basis of 90 day
strengths instead of 28 day strengths.
(3) Evaluating building structure
slrehgths on the basis of the number of
days until fall-loading (typically 90-120
day-4 ,' ' , " " ""„.".'". ''...
Extension of strength evaluation periods
can only be made where curing
conditions are such that strength gaining
reactions are still able to take place in
the concrete over an extended period of
lime.
Subpart C—Purchasing
§ 249.20 Recommendations on bidding
approach.
(aXl) EPA recommends that a
procuring agency solicit bids both for
cement or concrete which contain fly
ash and for portland cement or concrete,
except«s provided for in § 249.12(b).
(2J With this approach, award should
be made to the lowest priced
responsible bidder, regardless of
whether fly ash is used. In the event that-
{wo or more low bids are received .
which offer different levels of fly ash
content, award should be made to the
loweit priced responsible offerer. In the
case of identical low bids, award should
be made to the offeror with the higher
level of fly ash content.
{b}(l) Alternatively, when in the
judgement of the procuring agency
cement or concrete containing fly ash is
reiaonably available and its bid price
will be competitive with that of portland
cement or concrete, only bids for cement
or concrete containing fly ash should be
solicited, except as provided for in
§ 249.12(b).
(2) With this approach, -award should
be made to the lowest priced
responsible offeror, provided that fly
ash is used. In the case of identical low
bids award should be made to the
responsible offeror with the higher level
of fly ash content.
§249.21 Recommendations for
reasonable price.
(a) General procedures, such as those
contained in the Federal Procurement
Regulations, should be used in
determining whether the prices offered
are reasonable. This determination
should consider the objectives of
Section 6002 of RCRA.
(b) Techniques of price analysis (not
cost analysis) should be used, as
appropriate. (Price analysis is the
process of examining and evaluating a
prospective price without evaluating the
separate tost elements and proposed
profit of the individual prospective
supplier.) Price analysis may be done in
various ways, including:
(1) Comparison of the price quotations
submitted.
(2) Comparison of prior quotations
and contract prices with current
quotations for the same or similar end
items, making appropriate allowances
for any differences in quantities,
delivery time, inflation, etc.
(3) Comparison of prices set forth in
published price lists or catalogs.
§ 249.22 Recommandations for
reasonable competition.
(a) There is reasonable competition if
there is adequate price competition.
(b) Adequate price competition is
usually presumed to exist if:
(1) At least two responsible offerers,
(2) Who can satisfy the purchaser's
[e.g., the Government's) requirements,
(3) Independently compete for a
contract to be awarded,
1 (4) By submitting priced offers
responsive to the expressed
requirements of a solicitation.
In addition, the reasonableness of prices
should be evaluated in accordance with
§ 249.12.
§ 249.23 Reasonable availability.
Cement or concrete which contain fly
ash should be considered reasonably
available if there are no unusual or
unnecessary delays expected in its
delivery compared to that for portland
cement or concrete.
§ 249.24 • Recommendations for time-
phasing.
In order to minimize any adverse
effects on the marketplace or on the
procuring agency in implementing this
guideline, the Agency recommends the
following timetable for implementation:
(a) The first year after publication of
the guideline should be used for review/
revision of all applicable specifications
and standards.
(b) Not later than the beginning of the
second year, all contracts should allow
for or require the use of fly ash, in
accordance with the provisions of
§§249,12 and 249.20.
Subpart D—Certification
§ 249.30 Recommendations for
measurement.
(a) Measurement of fly ash content
should be made in accordance with
standard industry practice, normally on
a weight basis, and stated as a
percentage of the weight of total
cementitious material: [fly ash weight-r
(fly ash weight + cement weight)] = %.
This will often be a reflection of either a
typical cubic yard of concrete or ton of
cement.
(b) The supplier should be required to_
certify:
(1) The percentage which will be used
in a particular mix design, or
(2) The use of any minimum .
percentage requirement which may have
been established for a particular
contract.
§ 249.31 Recommendations for
documentation.
(a) Certification of fly ash content by
the cement or concrete supplier should
not require separate reporting forms, but
should use existing mechanisms, such as
a statement contained in a signed bid
document o/'a mix design proposal.
(b) In cases where the purchase of
cement or concrete is made by a
contractor or by any authority other
than the procuring agency, the fly ash
content of the cement or concrete
purchased and quantity of fly ash used
should be made available to the
procuring agency.
§ 249.32 Quality contra!.
[a) Nothing in this guideline should be
•construed to relieve the contractor of
responsibility for providing a
satisfactory product. Suppliers of
blended cement, fly ash, and concrete
should be expected to demonstrate
(through reasonable testing programs or
previous experience) the performance
and reliability of their product. Cement
and concrete containing fly ash should
not be subjected to any unreasonable
testing requirements.
(b) Agencies desiring a testing or
quality assurance program for cements,
blended cements, or fly ash should
contact the U.S. Army Engineer
Illllll
-------
Federal Register / Vol. 45, No. 226 / Thursday, November 20, 1980 /Proposed Rules
Waterways Experiment Station, P.O.
Box 631, Vicksburg, Mississippi 39180.
§249.33 Enforcement.
Procuring agencies should consider
and investigate inquiries received from a
supplier's competitors which raise
reasonable doubt about the legitimacy
of fly ash certification.
§249.34 Date recommendations.
Certification of fly ash content should
occur at the time of purchase of cement •
and concrete in accordance with the
phasing in recommendations in § 249.24.
References
EPA recommends that these
documents be used by procuring
agencies and those persons wishing to
familiarize themselves with issues
related to fly ash use.
1. ASTM. Standard specification for fly ash
• and raw or calcined natural pozzolan for
use as a mineral admixture in portland
cement concrete. ASTM C618, latest
• edition. Annual book of ASTM
standards, part 14. Philadelphia, PA.
2. ASTM. Standard methods on sampling and
testing fly ash or natural pozzolans for
use as a mineral admixture in portland
cement concrete. ASTM C311, latest
edition. Annual book of ASTM
standards, part 14. Philadelphia, PA.
3. ASTM. Standard specification for blended
hydraulic cements. ASTM C595, latest
edition. Annual book of ASTM
Standards, part 14. Philadelphia, PA.
4. Brown, P., U. Clifton, and G. Frohnsdorff.
National Bureau of Standards. 1976. The,
utilization of industrial by-products in
blended cements. Proceedings. Fifth
Mineral Waste Utilization Symposium,
pp. 278-284. '
5. Department of the Army, Corps of
Engineers, Office of the Chief of . -
Engineers, Washington, D.C. Standard
practice for concrete. EM-1110-2-2000,
with latest changes.
6. Department of the Army, Corps of
. Engineers, Office of the Chief of
Engineers, Washington, D.C. Guide
Specification for concrete. CW-03305,
with latest changes.
7. Department of the Army, Corps of
Engineers, Office of the Chief of
Engineers, Washington, D.C. Guide
specification for cast-in-place structural
concrete. CW-03301, with Idlest changes.
8. General Services Administration.
Specification for pozzolan for use in
Portland cement concrete. Federal
specification SS-C-1960/5A.
9. General Services Administration.
Specification for blended hydraulic
cement. Federal specification SS-C-
1960/4B.
10. Gordian Associates, Inc. 1978. Potential
for energy conservation through the use
of slag and fly ash in concrete. DOE
report SAN-1699-T1.
11. Lovewell, C. E., and E. J. Hyland. 1974. A
method of proportioning structural
concrete mixtures with fly ash and other
pozzolans. ACI Committee 211,
"Proportioning Conc'rete Mixes," SP-46-
8: pp. 109-140 (with 9 references)..
12. Tennessee Valley Authority; Singleton
Materials Engineering Laboratory. 1979.
Properties and use of fly ash in portiand
cement concrete. Technical report CR-
78-2 (with 11 references).
[FK Doc. 8O-3B048 Filed 11-19-80; 8:45 am]
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