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PACA Conveyor – February Conveyor
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Easily jump to a section in this newsletter:

1. PACA News
2. LEAD STORY
3. PACA Member News
4. Environmental News
5. Promotion News
6. PACA Events Calendar
7. Technical News

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25 Plat E Blasts
PACA wishes to thank our 2025 Platinum Sponsors for their generous support and commitment this year!
PACA News
LEAD STORY
Josie
LEAD STORY
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Email Josie
LEAD STORY
PACA Sends Safety Letter to Department
We have received concerns from our members regarding DEP personnel’s failure to follow company safety policies when they come on site for inspections and sampling. We have discussed this with DEP numerous times.

As a tipping point, the attached letter was sent to John Stefanko, DEP Deputy Secretary of Active and Abandoned Mine Operations and Joe Adams, Deputy Secretary of Field Operations.

The letter was reviewed by PACA legal counsel prior to sending to DEP.
Review Letter
PACA Member News
Kallie
PACA Member News
As reported by Kallie Kline, PACA's Director of Member Services.
Email Kallie
PACA Member News
Mellott Receives Award from Metso:Outotec
Mellott Company recently received top global recognition in its industry by Metso:Outotec, based in Helsinki, Finland. The Warfordsburg, PA, company, which services the aggregates industry worldwide, achieved first-place, as the Biggest Distributor in the Americas & Aftermarket globally in 2021.

“This award is a great honor for us at Mellott, especially considering what we’ve encountered with the COVID-19 pandemic entering its third year. I’m proud of our team’s accomplishment and we couldn’t have done it without everyone making the sacrifices and adjustments they’ve made to keep us number one,” said Paul Mellott, Jr., whose grandfather founded the company over a century ago.

Metso:Outotec, which offers products, technologies, and services for the aggregates, minerals processing, and metals refining industries, thanked its distributor network in a conference call today for “an excellent year in 2021,” and cited promising statistics for continued growth and expansion within the industry.

“We are proud of our 23-year partnership with Metso:Outotec, and this award shows what happens when a company refuses to make excuses when faced with challenges. Our employees constantly impress me—they never waver from our corporate values, including a dedication to excellence; and they’ve been incredibly resilient during this pandemic. They’ve gone above and beyond demonstrating their commitment to the industry, and they understand the importance of building and maintaining stable relationships and partnerships that drive us all forward. And they remind us constantly about why we do what we do, it all starts with personal relationships,” said Mellott President and CEO Rich Blake.
Josie
Environmental News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Email Josie
Environmental News
New DEP Acting Deputy Secretary for Oil and Gas Program
Kurt Klapkowski has been named as the Acting Deputy Secretary for the DEP Oil and Gas Deputate. Kurt has been with DEP since 1994, and part of the Oil and Gas program since 2012. He has been an integral part of the development of policy to regulate the oil and gas industry, including the Chapter 78a revisions and fee packages. He has also represented DEP before legislative committees, advisory committees, the Environmental Quality Board, the Independent Regulatory Review Commission, and in litigation on various matters.

Kurt graduated from Washington & Jefferson College, and earned a juris doctorate from the University of Pittsburgh.

Kurt replaces Scott Perry who resigned a few weeks ago.

Should you have any questions, contact Josie Gaskey.
Environmental News
WOTUS and SCOTUS
Article submitted January 31, 2022

And it continues:

Parties who are not satisfied with the decision of a lower court case and want the Supreme Court of the US (SCOTUS) to weigh in, must petition SCOTUS to hear their case. The primary means to petition the Court for review is to ask it to grant a writ of certiorari. This is a request that SCOTUS order a lower court to send up the record of the case for review. SCOTUS has no obligation to hear these cases, and it usually only does so if the case could have national significance or set a precedent.

On January 24, 2022, SCOTUS granted such a petition in Sackett v. EPA regarding the question as to whether the Ninth Circuit Court of Appeals used the proper test in determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.

What constitutes ‘waters of the United States’ has been a point of contention for over 15 years. Rulemakings under various Administrations have taken different approaches. And the Biden administration is no different by currently developing its own rulemaking to define WOTUS. As you know, the constantly changing definition has created significant confusion and uncertainty for the regulated community and has been compounded by court decisions due to continuing litigation across the USA on this topic.

SCOTUS originally weighed in on this topic in 2006 in Rapanos v. United States. That decision was a plurality opinion and both Justices Kennedy and Scalia attempted to set forth guidance, though each somewhat different, on how to interpret what waters constitute ‘waters of the United States.’

It is expected that briefing of the SCOTUS case will begin in early 2022, and SCOTUS will hear the case in its next term, which will begin in October 2022.

Should you have any questions, contact Josie Gaskey.
Environmental News
WOTUS Update
Article submitted on February 18, 2022

On January 24, 2022, the U.S. Supreme Court (SCOTUS) granted review of Sackett v. EPA, to hopefully decide once and for all “the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.” Given the current composition of the Supreme Court, it is possible they would consider limiting the reach of the Clean Water Act.

Briefing will probably occur in early 2022 with oral argument likely held in the fall of 2022, with a decision coming as soon as the end of this year or in early 2023.

The Sackett case is a long-running case that highlights the regulatory uncertainty and over-reaching implications of EPA’s and the Corps’ reliance on the intense “significant nexus” test. NSSGA will be filing an amicus brief.

If you are having issues as to the agencies requiring you to go back and re-evaluate, be aware they should be following the pre-2015 rule in their determinations.

Should you wish to discuss, contact Josie Gaskey.
Environmental News
DEP Bond Rate Guidelines
The February 19, 2022 PA Bulletin contains the Bond Rate Guidelines for calculating land reclamation bonds on Noncoal Mining Operations. There have been no changes from the 2021 version. Effective date is February 19, 2022.

Also included in the February 19th PA Bulletin is the Bond Rate Guidelines for coal mining operations. Note that unit costs for coal operations have increased from 2021 for grading <500-foot push); load/haul/dump/grading; ditch excavation; jute matting; AASHTO Nos. 1 and 57; R3 and R5 rock lining; subsurface drain; Stage 3 maintenance bond cropland, pastureland or land occasionally cut for hay; and Stage 3 maintenance bond cropland area-row crops. Coal operations effective date is April 1, 2022. Note also the rate of inflation that will be used in calculating bond amounts for permit renewal or permit midterm bond liability reviews on or after April 1, 2022 is 2.16% vs. 2021’s rate of 1.58%.

Should you have any questions, contact Josie Gaskey.
Environmental News
PA DEP Environmental Justice Policy
DEP is targeting the March 11, 2022 issue of the PA Bulletin to publish for public comment the revised Environmental Justice Policy. The draft, which few have seen, is currently in the DEP Policy Office for review, headed to Secretary McDonnell’s review next.

DEP has hired a PhD candidate from Temple University to enhance/build out the criteria definitions for PA Environmental Justice Areas. These additional criteria include things like poverty rate, income, education, population, changes in employment rates, transportation, disabilities, health issues, etc.

Note at the February 17, 2022 EJ board meeting, members started down the road of discussing cumulative health impacts to deter permit approvals. We are monitoring this group closely to ensure they stay within the boundaries of Governor Wolf’s Executive Order.

Should you have any questions, contact Josie Gaskey.
Environmental News
Federal Council of Environmental Quality (CEQ) Environmental Justice
On February 18, 2022, the Biden Administration, via the CEQ, rolled out a beta version of a Climate and Environmental Justice Screening Tool (CEJST). In Executive Order 14008, President Biden directed the CEQ to create a Climate and Economic Justice Screening Tool. The purpose of the tool is to help Federal agencies identify disadvantaged communities that are marginalized, underserved, and overburdened by pollution. The current version of the tool provides socioeconomic, environmental, health and climate information to inform decisions that may affect these communities. The tool identifies disadvantaged communities through publicly-available, nationally-consistent datasets.

The tool will provide information for the Justice40 Initiative. The goal of the Justice40 Initiative is to provide 40 percent of the overall benefits of certain federal investments in seven key areas to disadvantaged communities. These seven key areas are: climate change, clean energy and energy efficiency, clean transit, affordable and sustainable housing, training and workforce development, the remediation and reduction of legacy pollution, and the development of critical clean water infrastructure.

The methodology for the CEJST can be found here and data is downloadable. It is a huge dataset and we have pulled out the Pennsylvania data (see below button). This is the link to identifying the 2020 Census Reference Map that allows you to identify census tracts by state and county and work with the Pennsylvania data. Note the CEJST does not include race as a factor in deciding where to devote resources. Administration officials have indicated that excluding race will make projects less likely to draw legal challenges and will be easier to defend, even as they have indicated in the past that race has been a major factor in terms of who experiences environmental injustice.

On a related note, EPA also released on February 18th, an update to its EJSCREEN tool, which is used by Federal and state agencies for a broad array of screening, outreach, and analytical purposes. EJSCREEN and CEJST complement each other – the former provides a tool to screen for potential disproportionate environmental burdens and harms at the community level, while the latter defines and maps disadvantaged communities for the purpose of informing how Federal agencies guide the benefits of certain programs, including through the Justice40 Initiative.

Should you have concerns or comments, contact Josie Gaskey.
Environmental News
EPA Greenhouse Gas Emissions Inventory Report
The February 15, 2022 Federal Register contained EPA’s Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2020

availability for public review. EPA is requesting recommendations for improving the overall quality of the 826-page inventory report, which is to be finalized in April 2022.

Note Chapter 4 (pdf page 253) addresses cement production. Comments are due March 11, 2022.

Should you wish to discuss further, contact Josie Gaskey.
Environmental News
Spotted Lanternfly Winter Chore
Egg masses of the invasive insect, spotted lanternfly, can be found on tree trunks during the winter months. Each egg mass contains anywhere from 30 to 50 eggs. Look for a smear of a brownish tan gray mud-like appearance.

If you find egg masses, scrape them from surfaces into a solution containing alcohol or you can smash the eggs to kill them. You can use an old credit card to scrape the eggs. Don’t use insecticides now to spray egg masses, as it likely won’t penetrate the mud coating and may harm beneficial insects.

As a reminder, businesses operating in the quarantine zone

must have permits to move equipment and goods within and out of the zone. Go here for training and permits.

Should you have any questions, contact Josie Gaskey.
Ken
Promotion News
As reported by Ken Crank, PACA's Director of Concrete Promotion.
Email Ken
Promotion News
Content Added to SpecifyConcrete Website - Testing Video, Blogs
A video called "Dos and Dont's of Concrete Testing" has been added to the SpecifyConcrete website.

This engaging video developed by the Louisiana Transportation Research Council, the Louisiana Department of Transportation and Cajun Ready Mixed Concrete demonstrates what should and should not happen when sampling/testing fresh ready mixed concrete.

Please feel free to share the link with your customers, testing agencies, etc. It will be the subject of our next industry e-mail blast that will circulate to over 4500 viewers.

In addition to the video, we have also added two new blogs to the site:

We hope you will check out these additions and continue to use them and all the content available on the site.

Concrete, It Just Makes Cents!
Kallie
PACA Events Calendar
As reported by Kallie Kline, PACA's Director of Member Services.
Email Kallie
PACA Events Calendar
Next Members Forum Meeting to Feature Kevin Yanik, Pit & Quarry Magazine
PACA's next Members Forum Meeting is scheduled via zoom on Tuesday, March 8th at 11:00 AM. The March meeting sponsor is PACA Corporate Sponsor, Conviber, Inc., and the featured speaker is Editor-in-Chief of Pit & Quarry Magazine, Kevin Yanik. Kevin will be providing an industry update with his early 2022 predictions. REGISTER HERE.

PACA strives to make these monthly meetings as informational and beneficial as possible for our membership by inviting speakers that we feel provide critical data of interest to our members. However, we do not have the exclusive planning rights to these meetings. Your feedback is always greatly appreciated. If you have thoughts and ideas on topics and speakers, please complete the poll below.
Take the Poll
PACA Events Calendar
Summer Summit - Right Around the Corner
It's cold. It's gray. And, maybe even snowy. But, before long, it will be sunny and warm and Summer Summit will be upon us.

This year's Summer Summit is scheduled for June 12-14 at the beautiful Hyatt Regency Chesapeake Bay Golf Resort, Spa And Marina in Cambridge, MD. Right on the water, the beach vibe will be the theme of this year's meeting.

The PACA Golf and Sporting Clays Tournaments are back again this year, with a little twist. Sporting Clays will take place on Sunday afternoon, June 12th, while golf will be Monday afternoon, the 13th, allowing those interested to participate in both if they so choose. All must be registered for the Summer Summit to participate in these tournaments.

We are in the process of finalizing the agenda, the speakers, the sponsorship opportunities and more, so registration has not opened yet, however, that doesn't stop you from booking your rooms. Remember, we are scheduled at a vacation destination at the beginning of beach season, so we encourage to book your rooms EARLY! Once our block sells out, there is no guarantee of availability for additional rooms to be added. This also applies to restaurants at the resort. Sunday evening dinner is on your own, so if you plan to have a large group, make your reservations AS EARLY AS POSSIBLE.

A simple overview of the summit schedule and information on booking your hotel rooms is now available on our website. See you at the beach!
More Information
PACA Events Calendar
PACA Technical Communities Meetings Postponed
The three Regional Technical Community Meetings that were scheduled for February and March have been postponed.

These will be rescheduled in the near future, most likely in April or May.

We will be sure to provide plenty of notice with the new dates and locations.
PACA Events Calendar
2022 Mixer Driver Championship Cancelled
It is with regret we must announced that this year's Pennsylvania Mixer Driver Championship, originally scheduled for May of this year, has been cancelled.

Please continue to watch our Calendar of Events for any future opportunities added.
View Calendar
Jim
Technical News
As reported by Jim Casilio, P.E., PACA's Director of Technical Services.
Email Jim
Technical News
The Latest on E-Certification and E-Ticketing
PACA recently received the letter and related attachments from regarding e-certification and e-ticketing from Kelly Barber, P.E., Chief, Systems Management Division, PennDOT's Bureau of Construction and Materials:

PennDOT in collaboration with its’ Industry partners continues to move forward with various e-Construct initiatives. I am writing today to provide an update on two key initiatives: Material e-Certifications and e-Ticketing. Both efforts were piloted last construction season and in working with Industry we will continue to move forward towards implementation. These efforts do have separate timeframes for roll out, as mentioned below.

Material e-Certifications will be replacing the paper CS-4171 forms effective on all projects let after January 1, 2022. The CS-4171, CS-4171 LA and CS-4171 F have been modified to allow for a certified 3rd party signature, as per FHWA requirements. Based on feedback regarding the pilot project process, the Department is contracting with DocuSign to allow for a one stop shop regarding these certifications. You will be able to access the forms via the Department’s Publication site, ECMS and eCAMMS, complete and submit to the contractor all within your web browser. The Department anticipates the DocuSign environment to be made available for use in Mid to late March with training to follow. Until that time all referenced certifications are to follow the guidance provided for the pilot projects. The special provisions governing the change are enclosed for your reference.

e-Ticketing will be entering its’ second pilot this construction season for aggregate, asphalt, and concrete. The Department’s application was released last season and coordination efforts with e-Ticketing vendors continues. If you are providing materials to the pilot projects, the expectation is that an e-Ticket will be provided by your company through your e-Ticketing system to PennDOT’s e-Ticketing application. The pilot specification is enclosed for your reference.

PennDOT will be evaluating the pilot specification in the fall like this past season, to allow for any modifications. PennDOT will be fully implementing e-Ticketing during the 2024 construction season. One item to note, the current specification includes a lump sum item within the contract for the e-Ticketing system. Starting with the next edition of Publication 408 (anticipated release Fall 2023), e-Ticketing will transition from a lump sum item to incidental to the item of work. You are highly encouraged to start coordinating with your e-Ticketing provider to make sure your plants are prepared for this change, as additional projects will be included in 2023 and the years to come.
View Letter and Special Provisions
Building and Connecting Communities
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