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STEA and Rubberized Asphalt Preliminary Adoption - April 3, 1995

Executive Summary

I STEA, Section 1038, mandates the use of recycled tires in asphalt paving. A percentage of the total tons of asphalt laid in the state with title 23 funds must contain rubber. The percentage grows from 5% in 1994 to 20% in 1997. Through 1995, Congress has provided moratoriums on implementation but the section remains as federal law.
Washington State transportation agencies recognize used tires as both an environmental and transportation problem. They recognize their responsibilities and are willing to work to solve this dilemma. They seek solutions that make sense economically, practically, and that will enhance our vital transportation systems. Washington State desires an open framework where solutions may proceed with these continuing goals in mind. While the goal of Section 1038 fits within the states recognized responsibilities, it does not provide necessary flexibility to arrive at positive results for the transportation systems as a whole.

ISTEA Steering Committee (ISC) Position

ISC supports recycling of rubber tires where cost effective and efficient. Primary recycling efforts should be targeted back to production of tires.
ISC supports the following legislative actions:
1.A technical amendment to the National Waste Reduction, Recycling and Management Act granting states flexibility to use scrap tires for other transportation facility uses. Alternatively, a similar amendment to Section 1038 of ISTEA.
2.A technical amendment to reduce the penalty to only that percentage reflected in attainment failure with a 5% maximum.

Finally, ISC strongly supports states determining the best recycling options.

BACKGROUND:

ISTEA, Section 1038, mandates the use of recycled tires in asphalt paving. In 1994, the first year of the requirement for use of rubberized asphalt, 5% of the total tons of asphalt laid in the state with USC (United States Code) Title 23 funds must contain rubber. The percentage grows to 10% in '95, 15% in '96, and 20% in '97.
WSDOT has done considerable research and evaluation of rubberized asphalt over the last 15 years. Results have shown mixed performance at best with no consistent evidence of the material being cost effective. Four basic rubberized asphalt processes have been used.
Stress Absorbing Membrane (SAM). SAM costs between 2.5 and 3 times as much as normal seal coats. A few sections failed. Some gave service comparable to normal seal coats. Use of the SAMs was discontinued as not cost effective.
Stress Absorbing Membrane Interlayer (SAMI). Monitoring of SAMI placed showed little to no effect in reducing the reflection cracking from underlying Portland Cement Concrete Pavement or Cement Treated Base. Use of asphalt rubber SAMI's was also discontinued.
Wet Process pavement uses a proprietary blend of crumb rubber modified asphalt cement. Experience to date indicates that service life of the friction course may be extended. The cost of this material has been twice the cost of our normal friction course costs. It is still not cost effective considering annualized costs.
Dry Process, Plusride, has had very mixed performance. Some projects are performing well, but so are the adjacent control sections of normal ACP. One project experienced immediate rutting and was removed. At twice the cost of normal ACP, this material was also not cost effective.
In summary WSDOT has placed over 220 lane miles of various crumb rubber modified asphalt pavements over the last 15 years. Improved performance was found over standard ACP mix in only a limited number of projects. With significantly higher costs, none of the projects were found to be truly cost effective. Roughly 200,000 tires were used in these projects at a disposal cost of about $12 per tire.
In addition to its rubberized ACP use, WSDOT rehabilitated a lightweight fill in 1994 using shredded tires. In the past it has been sawdust or wood chips. Shredded tires were found effective and cost competitive. Approximately 700,000 tires were used at a cost of about $0.50 per tire. This includes a subsidy from the Washington State Department of Ecology. This cost to recycle the tires in fills is much more cost effective than $3.00 per tire to dispose of them in asphalt pavements, or $12.00 to make ACP with them.

POLICY IMPLICATIONS:

There is little debate that used tires are not only an environmental problem, but a transportation problem as well. They are generated primarily by the vehicles that use our transportation systems. The transportation agencies in Washington State are willing to work to solve this dilemma. Much work has been done in seeking solutions that make sense economically, practically, and that will enhance our vital transportation systems. Washington State transportation agencies recognize their responsibilities and are willing to work to solve this dilemma. They desire solutions that make sense economically and practically.
Washington State desires an open framework where solutions may proceed with these continuing goals in mind. While the goal of Section 1038 fits within the states recognized responsibilities, it does not provide necessary flexibility to arrive at positive results for the transportation systems as a whole.
The use of these materials will result in a diversion of limited funds from preservation programs. Those losses will accumulate, and become not only reductions in following years' programs, but increase the deterioration spiral due to lost production and poor pavement performance. Accumulated impact costs will far exceed the $300,000 direct costs.
There are two additional unanswered questions. First, application of the materials is sensitive. Given the nationwide increase in use that will result from implementation, there may be an inadequate number of experienced contractors. Second, with a great increase in use, timely delivery of properly prepared rubber material is questionable.
There is also considerable concern with the recyclability of rubberized asphalt itself. We have had good experience with construction and performance of recycled pavements. Work is just beginning to test the constructability and durability of recycled rubberized asphalt. Additional research needs to be conducted to try to answer some of these questions.
Finally, there should be some consideration for placing some of the responsibility for solutions on the tire manufacturers and consumers.

BUDGET IMPLICATIONS:

Crumb rubber products initially cost 20 to 50 percent more than normal ACP mix. Current additional cost ranges from about $6 to $25 per ton of ACP. The best guess of asphalt paving tonnage to be awarded in the state in 1995 is 1,200,000. 1995 is expected to be a low year. Amounts estimated in 1994 were 2,200,000 tons.
About 85% of the '95 1,200,000 tons would have federal funds attached. That would have required use of rubber on the basis of 10% of 85% of 1,200,000 tons at 1% (20 lbs per ton) average rubber content, or about 1000 tons of rubber to use. 1994 requirements would have exceeded 900 tons. (85% x 1,200,000 x 10% x 1% = 1020 tons)
Using the low end additional ACP cost of $6 per ton, at 10 lbs per tire 200,000 tires would be used at $3.00 per tire. Additional cost to Washington to meet section 1038 in 1995 would have been about $600,000. More typically that cost would be over $1,000,000.
The penalty for not meeting the requirement is a withholding of an amount of all federal funds to the state equal to the percentage requirement. In 1995, our total federal programs were estimated at $237,000,000. Failure to meet the 10% minimum could have resulted in $23,700,000 (10%) withheld in 1996. That is over 50 times the cost of complying, and it goes up in following years.

ISTEA Steering Committee (ISC) Position:

ISC supports recycling of rubber tires and continued utilization of rubber tires where cost effective and efficient to do so, with or without mandates. Primary recycling efforts should be targeted back to production of tires.
ISC supports the following legislative actions to minimize the negative impact of the mandates while still pursuing an aggressive implementation plan.

1.A technical amendment to the National Waste Reduction, Recycling and Management Act to add a new section granting states the flexibility to use scrap tires for other transportation facility construction uses. Alternatively, ISC supports a similar beneficial amendment to Section 1038 of the ISTEA.

2.As a 10% penalty on all Federal funds is very high, a technical amendment to reduce the penalty to only that percentage reflected in attainment failure with a 5% maximum. For example, if we achieve 3% in 1994, leaving us 2% short of the 5% goal, the penalty would be reduced to 2/5 of 5%, or 2% of the following years apportionment, excepting Interstate Construction.

Finally, ISC strongly supports states determining the best recycling options.

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EPA Publishes Proposed Guidance for Executive Agencies on the Purchase of Environmentally Preferable Products

September 29, 1995

In response to President Clinton's Section 503 mandate in Executive Order on Federal Acquisition, Recycling and Waste Prevention (EO #12873), EPA today published proposed guidance for Executive Agencies on identifying and giving preference to purchases of environmentally preferable products and services.

"Environmentally preferable" is defined in the Executive Order to mean products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

EPA is taking a two-pronged approach in meeting the President's mandate. First, EPA developed general guidance for acquisition of environmentally preferable products, creating a broad framework for dialogue on environmental preferability of products and services as applicable within the Federal purchasing context. This is EPA's first comprehensive articulation of policy on "green" products and is expected to evolve over time.

Second, in conjunction with other Executive agencies, EPA will undertake a series of pilot projects that focus on specific product categories. These pilots will test the concepts and principles outlined in the proposed general guidance. The results will be tailored to produce more in-depth information for the acquisition community in purchasing environmentally preferable products.

Though intended primarily for the Federal government, the general guidance published under this initiative should also provide pragmatic direction for companies working to produce more environmentally preferable products and services and seek to sell those products and services to the Federal government.

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