PACA News

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Thank You!

Thank you to our February Members Forum Meeting sponsor - ASGCO Complete Conveyor Solutions.

Industry Events

Webinar Opportunity - Cybersecurity Webinar I - The Preparedness Mindset

Are you ready in the event of a cybersecurity incident in your company? You may think so, but there may be more you need to do to prevent an attack.

Join us for a webinar brought to you by PACA member John Twigg, Ascent Systems, on Tuesday, February 28th at 11:00 AM via Zoom. Joining John, will be Jamie Stilley of Amerikohl Aggregates to give you a real life example of what could happen to you even if you think you are prepared.

The agenda is as follows:

  1. Only 14% of SMB’s are Prepared for Continued Cyberattacks
  2. What Do All Successful Cyberattacks Have in Common? (Victims had an IT guy or IT firm)
  3. Common IT/Cybersecurity Misconceptions (I’m OK, I’m secure, I’m backed up…)
  4. What are the costs if you’re hacked?
  5. Why It Happens: Cybersecurity is a Leadership Challenge… Not a Technical Challenge…
  6. You Need A Preparedness Mindset – IT: “We’re secure, Sir!” You: “Yeah? PROVE IT.”
  7. Next Session – Taking Control of Your IT Systems

This is NEED TO KNOW information, so register TODAY.

Medical Marijuana Webinar Slated

Join Attorney Adele Abrams via Zoom for Medical Marijuana II - a deeper dive into Pennsylvania's Medical Marijuana law and its exceptions, on April 20, 2023, at 10:00 AM.

REGISTER HERE to participate.

Environmental News

EPA NAAQS Review for Particulate Matter

On January 27, 2023, EPA announced its proposed decision to revise the primary (health-based) annual PM2.5 standard from its current level of 12.0 µg/m3 to within the range of 9.0 to 10.0 µg/m3. EPA also proposed not to change the current:

  • --secondary (welfare-based) annual PM2.5 standard,
  • --primary and secondary 24-hour PM2.5 standards, and
  • --primary and secondary PM10 standards.

In addition, EPA is proposing changes to other areas related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements.

While EPA is not planning to reduce the primary annual and 24-hour standards for PM 10, the reduction of the PM2.5 standard may cause challenges for those of you in areas that move into “non-attainment”. Comments are due March 28, 2023. NSSGA will be commenting on this proposed rulemaking and we will coordinate with them.

Should you have any questions, contact Josie Gaskey.

Chapter 77 Noncoal Mining regulations

On the agenda of the February 1, 2023 PA DEP Aggregate Advisory Board meeting was a vote to move the Chapter 77 Noncoal Mining regulations revisions to the Environmental Quality Board (EQB) for final rulemaking approval. We worked for over two years on these revisions with the PA DEP Mining program and were waiting for them to be placed on the Environmental Quality Board (EQB) agenda to be made final. However, in late December, a new DEP Policy person proceeded to revise the Civil Penalty section of the regulation.

After discussions with DEP, and with the help of Babst Calland (PACA Counsel), we came to an agreement on wording changes regarding the civil penalties section. After discussion at the meeting, the Aggregate Advisory Board voted to move the proposed regulation with changes forward. The discussion at the meeting surrounding the revisions will be reflected in DEP’s Comment/Response document to ensure its perpetuity.

It is currently anticipated that this will be on the April EQB agenda. We will let you know when it is final. The final rulemaking needs to be approved by the EQB by May 4 or the process starts all over again, which no one wants.

Thanks to the Aggregate Advisory Board members who are PACA members and the others who assisted us in this process. We will keep you informed. Should you have any questions or comments, contact Josie Gaskey.

WOTUS (Waters of the United States)

On January 18, 2023, the National Stone, Sand and Gravel Association (NSSGA) joined a coalition representing aggregates producers, farmers, home builders and others, and filed a legal challenge against the recently final WOTUS Rule. This was filed in the U.S. District Court, Southern District of Texas, Galveston Division. The complaint can be found here. The complaint alleges the Final Rule should be held unlawful under the Administrative Procedure Act, because the Rule adopts an unworkable definition of WOTUS that conflicts with the Clean Water Act, the U.S. Constitution, and Supreme Court precedent.

Should you have any questions or comments regarding this decades long saga, contact Josie Gaskey.

MS4

A recent court case involving West Chester Borough and West Chester University has brought a potential positive action for our facilities with MS4 issues. In the case, the judges indicated that the stormwater charges for West Chester University are actually unlawful taxes (not a fee) that have not been enacted pursuant to proper authority or procedure, or are otherwise unreasonable because they are not proportional to the value of services provided. The Court, however, did not file a written opinion on this case. And while the result is persuasive, it cannot be used as a legal precedent when unwritten. There are varying reasons why courts do not file written opinions, one of which is the large number of cases.

PACA and the PA Chamber of Business and Industry and at least two other entities have filed an Application to Report an Unreported Opinion with the Court. The Court may decide then to file a written opinion.

The Borough of West Chester has filed an appeal to the Supreme Court regarding the original decisions. We and the Chamber will likely be filing an amicus brief in response to the Borough of West Chester’s appeal at the appropriate time.

Should you have any questions or have not let us know that your quarries are receiving bills, contact Josie Gaskey.

Northern Long-eared Bat

The U.S. Fish and Wildlife Service is delaying the effective date of the final rule to reclassify the northern long-eared bat from threatened to endangered under the Endangered Species Act. The agency is extending the effective date by 60 days, from Jan. 30, 2023, to March 31, 2023 purportedly to allow USFWS to finalize conservation tools and guidance to avoid confusion and disruption for landowners, federal partners and industry with projects occurring in habitats within the northern long-eared bat’s 37-state range.

Should you have any questions, contact Josie Gaskey.

PA State Water Plan

PA DEP has released the final 2022 Pennsylvania State Water Plan (pdf version here) and interactive online atlas of statewide water resources and use trends. This is required by the Pennsylvania Water Resources Planning Act (Act 220 of 2002) and is intended to inform leaders’ decision making and educate all Pennsylvanians on sustainable use and stewardship of our lakes, rivers, streams, and groundwater. The plan recommends 100 actions to be continued, expanded on, or initiated in the areas of floodplain and stormwater management, water withdrawal, water efficiency, legacy impacts from coal mining and oil and gas wells, drinking water and wastewater treatment, contaminants of emerging concern, agricultural nonpoint source pollution, and waterway navigability.

Should you have any questions, contact Josie Gaskey.

Environmental Justice Updates
  1. PA DEP is still working on the Environmental Justice Policy document, as well as the Comment/Response document that addresses all public comments submitted. Additionally, they are working on “elements” to the policy for DEP inspectors and other staff that will allow the DEP staff to hit the ground running, once the policy is published. A draft of the policy document has not been made public yet.
  1. Regarding EJ mapping updates, DEP is in the process of having IT integrate those factors into the current model.

They have no timeline for either of the above items, as they are waiting for the new DEP Secretary Negrin to be confirmed to roll everything out in a big announcement.

  1. Additionally, DEP is having internal discussions regarding adding staff to the EJ program, but this also is waiting on confirmation of the new DEP Secretary.

EPA’s Office of General Counsel releasing an updated legal ‘toolbox’ to assist the agency and states in protecting marginalized communities from pollution and to ensure compliance with the Biden Administration’s environmental justice efforts.

To this end, last week EPA Region III (PA, Delaware, District of Columbia, Maryland, Virginia, West Virginia and 7 federally recognized tribes) held a meeting with these states’ legal representatives (no program reps) to discuss looking at the various statutes (Clean Air Act, Clean Water Act, TSCA, CERCLA and others), to determine how they could change them to include requirements to address cumulative impacts. EPA believes Congress has not kept up with meaningful changes to look at pollution impacts holistically.

Should you have any questions or comments, don’t hesitate to contact Josie Gaskey.

Safety & Health News

MSHA Health Statistics

This is the link to the latest MSHA Stakeholder presentation. You may want to note the silica health briefing beginning on pdf page 18.

MSHA indicates through the federal Unified Regulatory Agenda notice of proposed rulemaking on respirable crystalline silica is scheduled for April 2023.

Should you have any questions, contact Josie Gaskey.

Workforce Development News

A Different Spin Campaign to Attract Workers

The challenge of finding and retaining workers for our industry is nothing new. We are all struggling with the right message to attract those new hires. And the Ready Mixed Concrete Research & Education Foundation has a whole different spin.

If you have not heard about the skate4concrete campaign sponsored by the Foundation you are not alone. And for those skater fanatics out there, you will be doubly impressed to hear that Tony Hawk is involved in this initiative.

Kudos to the RMC Research & Education Foundation for looking outside the box for the next generation of professionals and industry leaders. We all need to figure out a different or unique way to sell our industry.

If you missed Julie Garbini’s excellent presentation at our February 2023 Members Forum online meeting, here is your chance to catch up.

The Foundation’s work would not be possible if it was not the generous tax-deductible contributions from companies and individuals. If you are interested in learning more about the work of the Foundation or how to contribute, please click on Home - RMC Research & Education Foundation (rmc-foundation.org)

Members in the News

Martin Stone Quarries Makes Record-Setting Donation

The article below is reprinted from Rock Products magazine. We, at PACA, wish to highlight our member companies and their philanthropic engagement and their community support. Congratulations to all at Martin Stone Quarries, Inc. for being a true leader in community engagement and showing how the industry gives back.

“When I first saw the email come through, I had to read it again,” said Amy Muzopappa, executive director of the foundation. “I thought maybe I was seeing too many zeroes. It’s an incredible gift!”

The donation, along with other Earned Income Tax Credit donations, enables the foundation to cover the cost of programs designed to encourage the next generation to pursue Science, Technology, Engineering and Math (STEM) pathways.

The programs, equipment and projects funded by the Foundation span all levels from pre-K to high school. Some past examples of foundation impact include: Enhanced programs in the Arts & Music Departments; Innovative upgrades to the Technology and Science Departments; and Creation of a Life Skills program, just to name a few. There is not one student that comes through the Boyertown Area School District that has not been positively affected by the foundation.

The Foundation for Boyertown Education relies on donations to continue to advance its programs. Since 2013, the foundation has provided nearly a million dollars in innovative teacher grants to benefit students in the Boyertown Area School District.

Stone & Company's Turnpike Project Continues to Win Awards

Not only did Wendell H. Stone & Company's PTC Southern Beltway Interchange SR0576 55C2-1 win PACA's Commercial Construction (Pavements) Project of the Year award at the 2022 PACA Annual Meeting, it has also received national recognition as well.

The project was selected to receive the Slag Cement in Sustainable Concrete Project of the Year award in Durability category from the Slag Cement Association. The project will be honored on April 5th at the spring ACI Concrete Convention in San Francisco, CA.

Congratulations, once again, to Wendell H. Stone & Company!

Lehigh Hanson Becomes Heidelberg Materials

Lehigh Hanson has changed its brand to Heidelberg Materials effective immediately

  • The majority of the company’s subsidiaries in the U.S. and Canada will change their brands to Heidelberg Materials in the coming months
  • This evolution to Heidelberg Materials reflects its much broader and innovative approach to serving customers and becoming the industry leader in sustainability and digital solutions

Lehigh Hanson, Inc. last month announced it has now changed its brand to Heidelberg Materials effective immediately. Previously announced in September of last year, this exciting new brand identity goes into effect today for the company’s corporate office and its core brands of Lehigh Cement and Hanson Aggregates. The majority of the company’s other subsidiaries in the U.S. and Canada will change their brands to Heidelberg Materials in the coming months.

Lehigh Hanson’s evolution to Heidelberg Materials reflects its much broader and innovative approach to serving its customers and becoming the industry leader in sustainability and digital solutions. Although the Heidelberg name is more than 150 years old and is often associated just with cement, Heidelberg Materials reflects the organization’s expertise in the heavy building materials industry.

“This is a major step change for our company, both globally and here in North America,” said Chris Ward, President and CEO of Heidelberg Materials North America and Member of the Managing Board of Heidelberg Materials. “We are thrilled to begin this transformation in North America today and continue our global journey to grow our business beyond cement and aggregates and become the most sustainable company in the sector.”

Visit heidelbergmaterials.us or heidelbergmaterials.ca to explore the new website and brand, and learn more about the company's experience, capabilities and portfolio of sustainable products and digital solutions.

Mellott and NorX Join Together as Business Partners

With over 150 years of combined corporate service, two companies with strong small-town roots, similar work ethics and values—Mellott and NorX—are joining together to become the market-leading supplier of crushing and screening solutions and related after-market support in the aggregates industry with world-class business partners.

Based in Lawrenceville, Georgia, and run by the Glaze family, NorX has been serving customers since 1970, including: Vulcan Materials Company, Martin Marietta, Heidelberg Materials, Luck Stone, Georgia Stone Products, MidSouth Aggregates, Junction City Mining, and Foley Materials Company. Since 2002, NorX has been an exclusive distributor for Metso:Outotec, the top crushing and screening company in the world. NorX's trusted 53-year-old brand will continue in Georgia and South Carolina as NorX.

“Our 24-year relationship with the Glaze family is very special. It’s a milestone in the industry, with two family-operated distributors becoming one,” said Rich Blake, president and CEO of Mellott, based in Warfordsburg, Pennsylvania.

The NorX:Mellott business model is fully integrated, allowing the company to support aggregate producers’ needs throughout the lifecycle of their quarries—from plant design and engineering, to equipment/parts distribution and service, rebuilds and contract crushing. “It’s simple, we focus on solutions,” Blake said.

Doug Glaze, a staple in the industry for almost 50 years, has been a driving force of NorX since 1974. Serving now as CEO emeritus, he’s turned the reins over to his son, Jeremy Glaze, who started with the company in 2001.

Jeremy Glaze said he intends to carry on his father’s legacy as NorX president. "Service is paramount," he said. “My dad is what you’d call a servant-leader. Instead of dictating to employees what to do, he would ask how he could help them. Everything is based on relationships.”

Glaze said his dad sincerely cares about people. “He’s similar to Rich Blake in that way, and that’s one of the reasons why we knew this was the right move for NorX,” he added. “What we’re looking forward to most is being challenged," Jeremy Glaze said. "Before, there was nothing new we could do. We were doing everything we could with what we had, but now with Mellott we will have new opportunities. It’s uncharted territory, a new beginning for us. We’re really happy for our customers, team and community, it's about to be a whole lot better for them," he said.

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