Or. Admin. Code § 731-005-0910 - Environmental Product Declarations

(1) This rule describes ODOT's requirements for environmental product declarations for covered materials permanently incorporated into ODOT's construction or maintenance projects for the state's transportation system, in accordance with ORS 184.879.

(2) In addition to the definitions in ORS 184.879, the following definitions apply to section (4) of this rule:

(a) "Covered materials" has the meaning set forth in ORS 184.879(1)(b)(A)-(C).

(b) "Permanently incorporated" means any covered material that is required to be affixed to the project at the completion of the contract.

(3) A contractor must submit an environmental product declaration for covered materials in accordance with the requirements in the contract for the project.

(4) Except as provided in ORS 184.879(3)(a)-(b), a procurement for covered materials for a construction or maintenance project must require an environmental product declaration if:

(a) The project includes a highway construction contract, as defined in OAR 731-005-0430(25), administered by ODOT or a maintenance project estimated at or above $3 million, but does not include a public improvement or maintenance project administered by ODOT on behalf of a local government agency;

(b) For a highway construction contract, the Engineer's Estimate has an estimated project cost of $3 million or more at the date of advertisement;

(c) The $3 million threshold for a highway construction contract or maintenance project does not include additional work added after the advertised date stated in the procurement, such as construction engineering, change orders, indirect or force account items; and

(d) The covered materials will be permanently incorporated into the project.

(5) If the criteria in section (4) of this rule are met, a contractor must provide an environmental product declaration to ODOT for each covered material permanently incorporated into the project that is equal to or greater than the following thresholds:

(a) Ready-Mix Concrete: 50 cubic yards or more.

(b) Asphalt Paving Mixtures: 2,500 tons or more.

(c) Steel Rebar: 15,000 pounds or more.

(d) Structural Steel: 5,000 pounds or more.

(6) For a highway construction contract and maintenance project, ODOT will determine specific bid items for covered materials that are subject to the Environmental Product Declaration submittal requirement. The selected bid items and required product declaration requirements will be described in the project procurement.

Notes

Or. Admin. Code § 731-005-0910

DOT 8-2024, adopt filed 12/05/2024, effective 12/5/2024

Statutory/Other Authority: ORS 184.619

Statutes/Other Implemented: ORS 184.879