(a) Definition.
(1) Products that are designed to repair cracks and other damage to concrete.
(2) Concrete repair materials for which preferred procurement applies are:
(i) Concrete repair materials - concrete leveling. Concrete repair materials - concrete leveling are products that are designed to repair cracks and other damage to concrete by raising or stabilizing concrete.
(ii) Concrete repair materials - concrete patching. Concrete repair materials - concrete patching are products that are designed to repair cracks and other damage to concrete by filling and patching the concrete.
(b) Minimum biobased content. The minimum biobased content for all concrete repair materials shall be based on the amount of qualifying biobased carbon in the product as a percent of the total organic carbon in the finished product. The applicable minimum biobased contents are:
(1) Concrete repair materials - concrete leveling - 23 percent.
(2) Concrete repair materials - concrete patching - 69 percent.
(c) Preference compliance date. No later than July 6, 2020, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased concrete repair materials. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured shall ensure that the relevant specifications require the use of biobased concrete repair materials.
(d) Determining overlap with a designated product category in the EPA's CPG program. Qualifying products within this product category may overlap with the EPA's CPG-designated recovered content product category of Construction Products: Cement and Concrete. USDA is requesting that manufacturers of these qualifying biobased products provide information on the BioPreferred Program's website about the intended uses of the product, information on whether the product contains any recovered material, in addition to biobased ingredients, and performance standards against which the product has been tested. This information will assist Federal agencies in determining whether a qualifying biobased product overlaps with the EPA's CPG-designated product category of Construction Products: Cement and Concrete and which product should be afforded the preference in purchasing.
Concrete repair materials within this designated product category can compete with similar concrete repair materials with recycled content. Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency CPG-designated Construction Products: Cement and Concrete containing recovered materials as products for which Federal agencies must give preference in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.12.
[84 FR 32021, July 5, 2019]