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PACA Conveyor – Week of July 11, 2019
Table of Contents
Easily jump to a section in this newsletter:

1. PACA News
2. Advocacy News
3. Environmental News
4. Promotion News
5. Safety & Health News
6. Certification News
7. Job Postings
8. PACA - Building and Connecting Communities

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As reported by Kallie Kline, PACA's Director of Member Services.
PACA Board and Associate Board Seek Candidates for 2019 Election
Both the PACA Board of Directors and the Associate Board of Directors are seeking candidates for the 2019 election cycle for a 3-year term from 2020 to 2022. Interested candidates should email their interest and qualifications to the appropriate staff liaison.

The PACA Board is open to any member producer of concrete, aggregates and/or cement only. The Associate Board is open to any supplier partner that is a member of PACA.

Please note that the PACA bylaws state "one company, one vote," therefore if there is a representative from your corporate entity currently sitting on the either board, another candidate is ineligible to serve.

Deadline is August 16th to respond.

For the PACA Board, please send your nomination interest to Peter Vlahos.

For the Associate Board, please email Kallie Kline.
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Nominations for PACA's 2019 Honors Program to Open Next Week
While portions of the PACA Honors Program began many years ago - namely the Ambassadors of the Industry Hall of Fame and the Excellence in Concrete Awards - it was greatly expanded in 2018. This enhanced program is an honored and cherished portion of the Annual Meeting in Hershey and we would value the opportunity to highlight your and/or your company's accomplishments at the meeting.

Honors may include the aforementioned PACA Ambassadors of the Industry Hall of Fame and the Excellence in Concrete Recognition Awards, as well as, national award recognition, the winner of the Pennsylvania Mixer Driver Rodeo Championship and more!

The official opening of nomination forms for the Hall of Fame and the Concrete Awards will be early next week and an email blast announcing the opening will be sent to all. In the meantime, if you company or an employee of your company has received any special recognitions that you would like the industry to be aware of, please contact Kallie Kline to be included in the Annual Meeting Honors Program.
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Saying Goodbye to Nemacolin in 2019, but Hello to the Chesapeake Bay in 2020!
Sadly, we have now completed our two-year rotation at Nemacolin Woodlands Resort for the PACA Summer Summit. This year's event was filled with education, family fun, networking, a little friendly competition and just an overall good time! We will definitely miss this beautiful location, but look forward to new and exciting things to come in 2020.

Sunday evening, June 23, attendees came together on the rather hot, but picturesque rooftop of the Lodge at Nemacolin to visit with colleagues and their families as the 2019 Summer Summit officially opened. Conversations were flowing, PACA members' children were playing together, spouses were meeting and greeting - the foundation of the Summer Summit at its best!

Monday morning began with a rousing and thought-provoking presentation by Mr. Greg Coker revolving around leadership and mentoring your employees and colleagues to build their ultimate personal cathedral - a mighty metaphor for being the best that they can be. Following Greg, attendees had the chance to hear stirring accounts of the day that Pittsburgh and the Commonwealth will never forget - the horrific act of prejudice and terrorism at the Tree of Life Synagogue by Mr. Joshua Sayles.

Monday afternoon and evening was all about networking and that friendly competition mentioned earlier. Golfers teed off at Nemacolin's newest course - Shepard's Rock, while our sporting clays enthusiasts commented that the course at Nemacolin is one of the best they've seen. That evening, after a delicious picnic-style dinner, family members and industry friends came together for some bowling, ping pong and virtual reality sports on the Top Golf big screen. Also, that afternoon, several attendees toured the nearby Laurel Caverns, the deepest cave in the northeastern United States and the largest in volume and each person panned and took home their own bag of unique gemstones.

The following morning, our keynote speaker, Haydn Shaw, had people laughing at, but thinking about, the various generations within their companies and gave tips on all working together for the most productive and positive endgame.

The final day also included a few big announcements:

  • A new addition to the 2020 Summer Summit agenda - PACA's GOT TALENT! Start thinking about your talent and how you are going to showcase it next year and watch for the announcements for the official opening of act submissions.
  • The HUGE reveal of this year's Annual Meeting and Honors program coming to you November 18-19 at the Hotel Hershey. More information to come in the near future.
So, be sure to mark your calendar for all of these items because they are ALL meetings and events you don't want to miss!
Email Blasts
Thank you to Our 2020 Corporate Sponsors!
PACA wishes to thank our 2020 Corporate Sponsors for their continuing support this year!

  • ASGCO Complete Conveyor Solutions
  • Babst Calland
  • Burch Materials & Supplies
  • Cleveland Brothers Equipment Co., Inc.
  • Commonwealth Equipment Corporation
  • Conviber, Inc.
  • Hoyt Wire Cloth/Lumsden Corp.
  • Kemper Equipment, Inc.
  • Master Builders Solutions
  • Maurer & Scott Sales, Inc.
  • Mellott Company
  • Murrysville Machinery Co. LLC
Advocacy News
House and Senate Fall Session Dates

September 17-19; 23-25

October 21-23; 28-30

November 12-14; 18-20

December 9-11; 16-18


September 23-25

October 21-23; 28-30

November 18-20

December 16-18
Advocacy News
Governor Wolf Signs Budget Bills
Governor Wolf has signed all the bills that make up the budget - the General Fund--HB 790, the Fiscal Code--SB 712, the Tax Code--HB 262 and the Administrative Code--HB 1461. General Fund spending for next year is $34 billion, up from $32.7 billion last year. However, according to the Commonwealth Foundation, when all additional cost shifts, revenue transfers, and overspending from last year is accounted for, we are looking at an increase of 4.7 percent over the enacted budget last year.

Just a few highlights, but you may want to review the Budget Spreadsheet:

- No new taxes, no severance tax.

- The Fiscal Code was amended to authorize the Secretary of the Budget to transfer up to $45 million from any other fund under the Governor’s jurisdiction to augment the operations of DEP and/or DCNR. Specific notifications are outlined in the amendment.

- The Fiscal Code bill transfers $26 million from the Environmental Stewardship and Recycling funds to pay for day-to-day operating costs of DEP. These specific line items were formerly paid for out of the General Fund. It also allows for these transfers permanently in the future. (Note that a percentage of your civil penalties goes into the Environmental Stewardship fund.)

- The Tax Code was amended and increases the Coal Refuse Reclamation Tax Credit to $20 million annually, up from $10 million, to subsidize coal waste-to-energy power plants. It also extends this tax credit until 2036.

- Numerous Farm Conservation Tax Credits were included for farmers in the Chesapeake Bay area.

- The Administrative Code includes a budget process reform, requiring cost overruns, i.e., supplemental appropriations, to be identified earlier in the budget process, and justified.

- $423 million increase in public school funding.

- Breweries will now be required to collect sales tax on products sold to consumers based on a purchase price of 25% of the full retail rate.

Should you have any questions or comments, you may want to contact your local legislator. Find your legislator here.
Environmental News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Environmental News
State Attorney Generals File Lawsuit Against EPA Regarding Asbestos
Under the Toxic Substances Control Act (TSCA), EPA is required to evaluate and address risks posed by toxic chemicals. Included is asbestos.

In January 2019, eleven state attorneys generals (AGs) petitioned the EPA to create a new set of regulations within the TSCA’s Chemical Data Reporting rule to ensure that EPA’s regulatory decisions regarding asbestos are consistent with the best available science, as well as provide additional data not currently collected. EPA denied that petition.

On June 28, 2019, those eleven state AGs filed a lawsuit challenging EPA's failure to initiate rulemaking to regulate asbestos. Specifically, they want EPA to initiate a rulemaking and issue a new asbestos reporting rule to:

- eliminate “naturally occurring substance” as an exemption for asbestos reporting;

- require processors of asbestos, as well as manufacturers, including importers, of the chemical substance to adhere to reporting requirements;

- ensure that the impurities exemption in the Chemical Data Reporting rule does not apply to asbestos; and

- require reporting with respect to imported articles that contain asbestos.

The lawsuit can be found here. We will be watching this issue. Should you have any questions, contact Josie Gaskey.
Environmental News
Largest Ever Impact Tax Spread Across the Commonwealth
On June 27, 2019, the Public Utility Commission (PUC) released the latest report on the disbursements from the natural gas impact tax. The report showed a record breaking $251,830,900 for 2018, up $33 million from 2017.

Since 2012, Pennsylvania has generated nearly $1.7 billion in new revenues from the existing impact tax.

The collected tax revenue is distributed as follows:

• $134,740,050 for the 2018 reporting year will be distributed directly among county and municipal governments directly affected by drilling.

• $89,826,700 will be transferred to the Marcellus Legacy Fund, providing financial support for environmental, highway, water and sewer projects, rehabilitation of greenways and other projects throughout the state.

• $18,397,250 will be distributed to state agencies, as specified by Act 13 (Impact Tax).

The top five receiving counties include Washington, Susquehanna, Bradford, Greene and Lycoming counties.

The counties and municipalities themselves choose how to distribute the tax revenue they receive and this link illustrates what they spend it on.

And the Wolf Administration wants more from the natural gas industry. See this link on Pennsylvania's Spending Problem.

Should you have any questions, contact Josie Gaskey.
Promotion News
As reported by Ken Crank, PACA's Director of Concrete Promotion.
Promotion News
Ready Mixed Concrete Production Statistics Updated Through March 2019
The estimated ready mixed concrete produced in March 2019 is 27 million cubic yards, 1% lower than that in March 2018. The estimated production in the U.S. for 2019 through March is 71 million cubic yards, 2.4% higher than that during the same period in 2018.

Ready mixed concrete production is estimated from cement shipments reported by the U.S. Geological Survey.
Safety & Health News
As reported by Josie Gaskey, PACA's Director of Environmental, Safety & Health.
Safety & Health News
MSHA Regulatory Agenda - Silica Pre Rule Stage
The following article is being reprinted with permission from The Law Office of Adele Abrams. Thank you to author Michael Peelish.

MSHA released its semi-annual regulatory agenda and this is what it said regarding Respirable Crystalline Silica (“RCS”):

MSHA has issued a Request for Information to solicit information and data on the best and most feasible ways to protect miners’ health from exposure to quartz in respirable dust, including an examination of an appropriately reduced permissible exposure limit, potential new or developing protective technologies, and/or technical and educational assistance.

What MSHA is saying is that it will reduce the RCS permissible exposure limit to the OSHA standard of 50 µg/m3. While MSHA may believe it is different than OSHA in many aspects of addressing RCS exposure, it is hard for MSHA to make that argument when it comes to the dose and health effects of exposure to RCS. I am not opining from a scientific point of view; I am just noting the practical/policy landscape that has been in play within the Department of Labor for many years and the decision of the DC Circuit Court in December 2017 that states the adverse health effects to RCS exposure of 50 ug/m3 is supported by the evidence.

What MSHA is saying is that it will require engineering controls as the means to reducing miners’ exposure. This approach follows the industrial hygiene triangle for managing risk. MSHA should also include administrative controls such as operator rotation. It is nonsensical to take coal dust samples of designated occupations wherein miners would be required to transfer a pump during the sampling process when another miner steps into the designated occupation. Once this transfer is done, this sample is akin to an area sample and no longer a personal sample.

What MSHA is not saying is that respiratory protection is an acceptable compliance measure. Currently, under the new coal dust standard, respiratory protection is acceptable only after a non-compliant sample is obtained and during the corrective action period. At what point does MSHA recognize the full value of respiratory protection and provide for the use of respirators for compliance purposes as OSHA does?

The interim mandatory health standards for coal mines set forth in Section 202 of the Mine Act of 1977 prevented the use of respirators for compliance purposes. However, that was an interim mandatory health standard. Nothing in the Mine Act prevented the ongoing use of respirators for compliance purposes for non-coal mines except when drilling rock. Thus, MSHA has the statutory authority to allow for the use of respirators in all mining for compliance purposes.

The interim health standards were put in place in coal over 40 years ago when production was a fraction of where it is today. The approach of lowering the coal dust standard or lowering the RCS standard while maintaining an outdated approach to proper industrial hygiene practices is nonsensical. Indeed, MSHA has accepted the use of respirators for compliance purposes under the diesel standard (30 CFR §57.5060) when “ - controls are infeasible, or controls do not produce significant reductions in DPM exposures - ”.

It is time the reports of black lung or silicosis stop making the news. MSHA has within its authority to make a break-through in managing exposures to coal dust as well as silica in all types of mining. Please don’t miss the opportunity.
Certification News
As reported by Kallie Kline, PACA's Director of Member Services.
Certification News
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PACA Opens Registration for Fall-Winter 2019 ACI Exams
This week, we have opened our registration for the Fall-Winter semester of the ACI Concrete Field Testing Technician - Grade I exams. Exam locations tend to fill quickly, so please be sure to submit your attendees' applications promptly.
Job Postings
Job Postings
As reported by Kallie Kline, PACA's Director of Member Services.
Job Postings
Post Your Employment Ads on PACA's Website
If you have a job posting you would like to add to our website, please contact Kallie Kline. This is a free service for all PACA member companies.
Job Postings
EarthRes Seeks Employees in the Mining Industry
Earthres Group, Inc. (EARTHRES) is a multidisciplinary engineering and consulting firm providing high quality services to clients in the solid waste, industrial, mining, energy, and commercial market sectors. Their core services include civil, mechanical, environmental, chemical, mining, and solid waste engineering, along with air quality services, investigation and remediation, geology and hydrogeology, and regulatory compliance and permitting.

The company is currently seeking three positions within the mining industry:
  • Project Manager - PE
  • Project Manager - PG
  • Mining Engineer
PACA - Building and Connecting Communities