Sec. 1038. USE OF RECYCLED PAVING MATERIAL
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## SEC. 1038 USE OF RECYCLED PAVING MATERIAL **[**[23 U.S.C. 109 note](/us/usc/t23/s109)**]** ###
(a)Asphalt Pavement Containing Recycled Rubber Demonstration Program Notwithstanding any other provision of title 23, United States Code, or regulation or policy of the Department of Transportation, the Secretary (or a State acting as the Department's agent) may not disapprove a highway project under chapter 1 of title 23, United States Code, on the ground that the project includes the use of asphalt pavement containing recycled rubber. Under this subsection, a patented application process for recycled rubber shall be eligible for approval under the same conditions that an unpatented process is eligible for approval. ###
(b)Studies ####
(1)In general The Secretary and the Administrator of the Environmental Protection Agency shall coordinate and conduct, in cooperation with the States, a study to determine— #####
(A)the threat to human health and the environment associated with the production and use of asphalt pavement containing recycled rubber; #####
(B)the degree to which asphalt pavement containing recycled rubber can be recycled; and #####
(C)the performance of the asphalt pavement containing recycled rubber under various climate and use conditions. ####
(2)Division of responsibilities The Administrator shall conduct the part of the study relating to paragraph (1)(A) and the Secretary shall conduct the part of the study relating to paragraph (1)(C). The Administrator and the Secretary shall jointly conduct the study relating to paragraph (1)(B). ####
(3)Additional study The Secretary and the Administrator, in cooperation with the States, shall jointly conduct a study to determine the economic savings, technical performance qualities, threats to human health and the environment, and environmental benefits of using recycled materials in highway devices and appurtenances and highway projects, including asphalt containing over 80 percent reclaimed asphalt, asphalt containing recycled glass, and asphalt containing recycled plastic. ####
(4)Additional elements In conducting the study under paragraph (3), the Secretary and the Administrator shall examine utilization of various technologies by States and shall examine the current practices of all States relating to the reuse and disposal of materials used in federally assisted highway projects. ####
(5)Report Not later than 18 months after the date of the enactment of this Act, the Secretary and the Administrator shall transmit to Congress a report on the results of the studies conducted under this subsection, including a detailed analysis of the economic savings and technical performance qualities of using such recycled materials in federally assisted highway projects and the environmental benefits of using such recycled materials in such highway projects in terms of reducing air emissions, conserving natural resources, and reducing disposal of the materials in landfills. ###
(c)DOT Guidance ####
(1)Information gathering and distribution The Secretary shall gather information and recommendations concerning the use of asphalt containing recycled rubber in highway projects from those States that have extensively evaluated and experimented with the use of such asphalt and implemented such projects and shall make available such information and recommendations on the use of such asphalt to those States which indicate an interest in the use of such asphalt. ####
(2)Encouragement of use The Secretary should encourage the use of recycled materials determined to be appropriate by the studies pursuant to subsection
(b)in federally assisted highway projects. Procuring agencies shall comply with all applicable guidelines or regulations issued by the Administrator of the Environmental Protection Agency. ###
(d)Asphalt Pavement Containing Recycled Rubber ####
(1)Crumb rubber modifier research Not later than 180 days after the date of the enactment of the National Highway System Designation Act of 1995, the Secretary shall develop testing procedures and conduct research to develop performance grade classifications, in accordance with the strategic highway research program carried out under section 307(d) of title 23, United States Code, for crumb rubber modifier binders. The testing procedures and performance grade classifications should be developed in consultation with representatives of the crumb rubber modifier industry and other interested parties (including the asphalt paving industry) with experience in the development of the procedures and classifications. ####
(2)Crumb rubber modifier program development #####
(A)In general The Secretary may make grants to States to develop programs to use crumb rubber from scrap tires to modify asphalt pavements. #####
(B)Use of grant funds Grant funds made available to States under this paragraph shall be used— ######
(i)to develop mix designs for crumb rubber modified asphalt pavements; ######
(ii)for the placement and evaluation of crumb rubber modified asphalt pavement field tests; and ######
(iii)for the expansion of State crumb rubber modifier programs in existence on the date the grant is made available. ###
(e)Definitions For purpose of this section— ####
(1)the term “**asphalt pavement containing recycled rubber**” means any mixture of asphalt and crumb rubber derived from whole scrap tires, such that the physical properties of the asphalt are modified through the mixture, for use in pavement maintenance, rehabilitation, or construction applications; and ####
(2)the term “**recycled rubber**” is any crumb rubber derived from processing whole scrap tires or shredded tire material taken from automobiles, trucks, or other equipment owned and operated in the United States.
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Sec. 1038
USE OF RECYCLED PAVING MATERIAL
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