Paca conveyor
PACA Conveyor – Week of February 7, 2020
Table of Contents
Easily jump to a section in this newsletter:

1. PACA News
2. Environmental News
3. Technical News
4. Advocacy News
5. Members in the News
6. Industry Events
7. PACA – Building and Connecting Communities

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As reported by Kallie Kline, PACA's Director of Member Services.
March PACA Events
Open to PACA member companies' personnel only.

  • March 3 - Eastern Region Combined (Aggregates, Concrete & Cementitious Materials) Technical Community Meeting - East Norriton, PA - REGISTER
  • March 5 - Concrete 101 - Meadville, PA - REGISTER
  • March 9-10 - Aggregate Certification Exam - Harrisburg, PA - REGISTER
  • March 23-24 - Aggregate Certification Exam - Harrisburg, PA - REGISTER
  • March 23-24 - Adhesive Anchor Installer Certification Exam - Lititz, PA - REGISTER
  • March 24 - Concrete 101 - Hollidaysburg, PA - REGISTER
  • March 25-26 - Concrete Field Testing Technician - Grade I Certification Exam - Leesport, PA - REGISTER
  • March 26 - Concrete 101 - Allentown, PA - REGISTER
Environmental News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Environmental News
Finally, A New Version of WOTUS
EPA and the Army Corps of Engineers are publishing the final rule defining the scope of waters that are federally regulated under the Clean Water Act (CWA), consistent with Supreme Court case decisions and President Trump’s Executive Order 13778, and within the scope of the CWA and the Commerce Clause of the Constitution.

The “Navigable Waters Protection Rule” is the second step of a two-step process that revises the definition of ‘waters of the United States’. This link is the 340-page prepublication copy of the final rule. The final rule is effective once it is published in the Final Register. Once it is published, it replaces the rule published on October 22, 2019. The actual regulation itself begins on .pdf page 323.

The final rule recognizes that waters of the United States are waters within the ordinary meaning of the term, such as oceans, rivers, streams, lakes, ponds, and wetlands, and that not all waters are waters of the United States. The rule clarifies key definitions including tributary, impoundments, adjacent wetlands, ditches, ephemeral, perennial, etc. It also includes a list of exclusions.

Should you have any questions or comments, contact Josie Gaskey.
Environmental News
DEP Chapters 91 and 92A Permit Fees
The Department has been working on raising Water Quality Management and NPDES fees for the last three years, as they spend about $10 million per year more than their revenue (based on their original numbers). The draft rulemaking package was published in March 2019. This link is the final rulemaking going to the EQB first quarter 2020 for final approval.

Note the significant Water Quality Management fees increases on .pdf page 2 and NPDES fees on .pdf page 6. DEP is indicating that they have reduced fees from what they originally proposed. These fees are across almost every category of permits.

If you wish to contact your local legislator and tell them how much you already pay total in DEP fees, you can find your legislator here.

Should you have any questions, contact Josie Gaskey.
Environmental News
DEP Air Updates
The Department will be presenting the 89-page draft CO2 Budget Trading Program to the Air Quality Technical Advisory Committee (AQTAC) at its February 13th meeting. Of note in the draft is that the Department has included set-aside allowances for the waste coal burning industry as part of this program. Note also the trigger prices on page 59, the eligible CO2 emissions offset projects types on page 59, and the allowance auction information starting on page 81.

Also at the February 13th meeting, the Department will be presenting draft proposed RACT III Rulemaking. The RACT III rule would be applicable to major sources of NOx or VOC that commenced construction on or before August 3, 2018. DEP is proposing that case-by-case determinations made for RACT II would satisfy the case-by-case requirements of RACT III, except in circumstances where presumptive requirements of RACT III are more stringent.

At this point, these are information only items and no voting on these will occur at the February meeting.

Should you have any questions or comments, contact Josie Gaskey.
Environmental News
PA DEP Chapter 105 Revisions
At the DEP Water Resources Advisory Committee (WRAC) meeting on January 30, the Department indicated it is revising current Chapter 105 and this is the link to the presentation DEP gave to WRAC as an overview of the proposed changes. This is the link is to the actual proposed changes in the Annex document.

After discussion regarding lack of industry stakeholder involvement, and with no recommendation from WRAC, WRAC members voted to move this proposed rulemaking forward to the Environmental Quality Board (EQB). The Department has indicated their plans to take the complete package to the Environmental Quality Board (EQB) in the second quarter of 2020. The package includes a 60-day public comment period.

There are several items of concern that are new, expanded or revised including:

  • Revises language by adding “restore and improve” to conserve and protect; adds aquatic resource functions and geomorphic stability to water quality, natural regime and carrying capacity; adds language referencing “regulated waters of this Commonwealth”.
  • §105.20(a) addresses compensation for impacts to regulated waters of the Commonwealth including establishing compensation factors.
  • Expansion of the onsite and offsite alternative analysis requirements.
  • Adds/codifies antidegradation analysis and cumulative impacts requirements.
  • Details information the Department will use regarding aquatic resource restoration.
Please contact Josie Gaskey if you believe this will impact your operations, so that we may take the appropriate actions.
Environmental News
DEP Manganese Update
As we indicated in the January 8, 2020 issue of this newsletter, the Department, in response to Section 6 of Act 40 of 2017 directed the Environmental Quality Board (EQB) to propose a regulation that moves the point of compliance for the water quality criterion for manganese from the point of discharge to any downstream public water supply intake.

As a result, and in a manner that appears to be somewhat retaliatory, the Department has proposed a water quality criteria limit for manganese at a level of 0.3 mg/l down from 1.0 mg/l. The proposed regulations consider two alternatives for a point of compliance: one that reflects the Act 40 directive and one that reflects that manganese control at the point of discharge in all of the Commonwealth’s waters.

We have met with the Department and their legal counsel as they attempt to shortcut the data analysis process that should have been completed prior to proposing the regulation. We indicated current toxicity data shows no neurological issue for infants, and outlined in general the challenges and costs with meeting a 0.3 mg/l limit for our industry.

We will be tackling this issue via legislators and the Independent Regulatory Review Commission, as well as with written comments. We are continuing to recommend that you review not only your permits for manganese limits and your DMRs for any values you have reported, but also your permit applications for any data you may have submitted.

Should you find that you may not be able to make a 0.3 mg/l limit, we would also be interested in hearing from you as to what actions you would have to take to meet this lowered value, including capital and operating costs. Contact Josie Gaskey.
Technical News
As reported by Jim Casilio, P.E., PACA's Director of Technical Services.
Technical News
Central Region Kicks Off PACA's 2020 Technical Community Meetings
On February 4, 30 PACA members and personnel from PennDOT Districts 2,3,8 and 9; PennDOT QA, and PennDOT LTS met at New Enterprise Stone and Lime Co.'s Roaring Spring office for the first of our regional Technical Community Meetings.Featured discussions and presentations included:

  • Working Toward a New Skid Resistance Level Rating System (SRL)
    • Report from members of the SRL subcommittee of the Aggregate Quality Improvement Committee (AQIC)
  • Demonstration of an Affordable and Easy Way to Monitor the Curing of Test Cylinders
    • Live demonstration of one of the easy temperature reading and reporting systems
  • Presentation on Using Portland-Limestone Cement (PLC or 1L)
    • Portland Limestone cement (PLC or Type 1L) is now approved for use and available throughout Pennsylvania. Members of our Cementitious Materials Technical Community presented information on the use of and advantages of this product.
  • Reports from the AQIC, the Concrete Quality Improvement Committee (QIC) and the Cementitious Materials QIC.
  • Pub 408 rewrite changes and discussion of items from PennDOT LTS
We will continue these discussions at the upcoming Western and Eastern Regional meetings. The tentative schedule for these meetings, as well as, registration links to these meeting and the individual PACA Technical Community Meetings in April are below.

Regional DME’s and PennDOT QA personnel have confirmed their attendance for the regional meetings.

Western Pennsylvania Technical Community Meetings - February 25th - Doubletree by Hilton Pittsburgh-Cranberry, Mars, PA - REGISTER

Eastern Pennsylvania Technical Community Meetings - March 3rd - Associated Builders and Contractors, East Norriton, PA - REGISTER

Tentative Schedule

9:30 AM - SRL Discussion

10:00 AM - Presentations on PLC & Automated Curing Box Monitoring

11:00 AM - Review of Items from the AQIC, Concrete QIC and CMQIC

Noon - Working lunch - Pub 408 rewrite changes and discussion items from PennDOT LTS

1:30 PM - Open Discussion on Aggregates, Concrete and Cementitious Materials Specification Policies

April 2020, we will have standalone Technical Community Meetings in the Harrisburg area. These meetings will start at 9:00am and conclude by 2:00 pm.

The dates and locations are:

PACA Aggregates Technical Community Meeting - April 8th - Hershey Lodge, Hershey, PA - REGISTER

PACA Concrete Technical Community Meeting - April 16th - Hershey Country Club, Hershey, PA - REGISTER

PACA Cementitious Materials Technical Community Meeting - April 22nd - Hershey Country Club, Hershey, PA - REGISTER
Advocacy News
As reported by Peter Vlahos, PACA's President.
Advocacy News
TCI-PAC to Hold Event for House Transportation Infrastructure Task Force Chair
The Transportation Construction Industries PAC (TCI-PAC), of which PACA is a sponsoring organization, is holding an event for House Transportation Infrastructure Task Force Chair, Martina White, on Wednesday, February 19th in Harrisburg.

More details and registration details are available below.
Members in the News
Members in the News
New Skelly Loy Logo
Skelly and Loy Announces Merger
As of January 31, 2020, Skelly and Loy, Inc. has been acquired through a merger with Terracon Consultants, Inc. (Terracon).To make this acquisition seamless, Terracon maintained the existing corporate structure of Skelly and Loy. All of Skelly and Loy's current services will continue to be provided with the same team members. As a practical matter, nothing has changed.

The company name will remain Skelly and Loy, Inc., as a wholly-owned subsidiary of Terracon.

With this merger, Sandi Loy Bell, the Chairman of the Board, has officially stepped down from this role. John Gunnett will remain as the President and will be retiring upon successful completion of the integration. Skelly and Loy’s leadership team will remain intact, led by Sandy Basehore, Gerry Longenecker, Paul DeAngelo and Barb Gundy.

Terracon has a national presence with more than 5000 employees in 150 offices, headquartered in the Kansas City metropolitan area. Skelly and Loy has more than 150 employees throughout the MidAtlantic. This combination of forces will provide expanded resources and access to services for clients and provide more opportunity for the company's employees.
Industry Events
Industry Events
22nd Annual ACPA/PA Concrete Conference
Our members are again being offered the opportunity to participate at the Annual ACPA/PA Concrete Conference at a reduced Industry Partner Registration Rate. Learn about the latest state-of the-practice in concrete pavement and other concrete technologies, network with industry, academia, and owner agency personnel, earn professional development hours, and hear about cost-effective practices that can make or save your company money.

This conference takes place on February 19-20, 2020 at the Sheraton Harrisburg-Hershey. Use the button below for details about the Conference including the agenda, lodging information, and to register. Note that reduced registration fees are also being offered to you if you wish to exhibit or sponsor.
PACA – Building and Connecting Communities