24 E Blasts

Regulatory News

EPA’s Reconsideration of the Fugitive Emissions Rule

In December 2008 (Bush Administration), EPA published its Fugitive Emissions Rule that required fugitive emissions be included in determining whether a physical or operational change results in a ‘major modification’ and elaborated on guidance for determining fugitive emissions for purposes of New Source Review (NSR) and Title V air permitting. (Fugitive emissions are “those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.”)

Back then, NRDC (National Resources Defense Council green group) filed a petition for EPA to reconsider the Rule. The petition was granted and then stayed by the Court, pending EPA’s reconsideration of the Rule. NRDC’s argument was that the final rule weakened the standard for determining major modifications, because it ignored the deliberate broad reach of Section 111(d)(a) of the Clean Air Act and only considered fugitive emissions from the source categories specifically listed in the major NSR regulations that included, among others, petroleum refineries, large fossil-fuel fired steam electric plants and Portland cement plants. Given the stay, at that time the Rule reverted to pre-2008 regulatory language pending EPA’s reconsideration. However, the 2008 Rule was never officially withdrawn and it has remained on EPA’s plate for reconsideration since 2008-09.

On October 14, 2022, EPA published a proposed rule in the Federal Register, fully repealing the 2008 rule by removing the stayed provisions of the regulatory amendments adopted in 2008 and clarifying that industrial facilities must account for unplanned ‘fugitive’ emissions when they determine if a project is a ‘major modification’ that would trigger NSR air permitting. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a ‘major modification,’ requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment NSR programs. (The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted.) Comments on the October 14th proposed rule are due December 13, 2022. We will be coordinating with NSSGA on this.

Should you have any questions or comments, contact Josie Gaskey.


On October 11th, the Independent Regulatory Review Commission (IRRC) formally delivered its disapproval order for DEP/EQB’s manganese rulemaking. Following their questioning during the hearing on September 15, the order disapproves the regulation because:

  • --DEP did not comply with the intent of Act 40 of 2017,
  • the inclusion of two alternatives and inconsistent points of compliance in the proposed rulemaking is a violation of the Regulatory Review Act,
  • --DEP did not adequately document the expected compliance costs on the regulated community, the state, political subdivisions and the private sector,
  • --it was unclear if it was technically feasible for some dischargers to meet the manganese standard and the financial impact of this possibility was not considered, and
  • --compliance with the new standard could lead to higher product costs, particularly for the coal industry, and increased costs for energy producers and subsequently it requires legislative review.

DEP/EQB will now have 40 days or until November 20, to decide whether to resubmit the regulation to IRRC with or without changes, if they wish to proceed with the rulemaking. We continue to support our position of opposing this regulation.

Should you have any questions or comments, contact Josie Gaskey.

Climate Change Adaption Plan

On October 7th, EPA Region III released its Climate Adaptation Implementation Plan, one of 20 developed across the agency by all regional offices and national programs. The EPA Region III webpage for this effort is located here.

EPA’s overall webpage for this is found here. Our initial concern with this plan is Chapter 8, pdf page 81 written by legal counsel indicating that “climate change may impact how the Region prioritizes enforcement initiatives, the allocation of resources, and the Region’s ability to inspect, monitor and ensure compliance with environmental laws”.

Should you have any questions or comments, contact Josie Gaskey.

Safe Drinking Water PFAS MCL Rule

On October 12th, EQB approved final-form amendments to 25 PA Code Chapter 109 (relating to Safe Drinking Water) by a vote of 15-3. This final-form rulemaking establishes maximum contaminant levels goals (MCLGs) and maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) for community, non-transient noncommunity, bottled, vended, retail, and bulk hauling water systems.

Currently, PFOA and PFOS are not regulated in drinking water at the state or federal level, so there are no MCLs established for these contaminants. EPA is working on their own standard, but DEP chose not to wait for them. This final-form rulemaking sets the following MCLGs and MCLs:

MCLG (nanogram/l or ppt) MCL (nanogram/l or ppt)

PFOA 8 (.000008 milligram/l) 14 (.000014 milligram/l)

PFOS 14 (.000014 milligram/l) 18 (.000018 milligram/l)

Should you have any questions or comments, contact Josie Gaskey.

Next Regional Greenhouse Gas Auction Date

As information, the next Regional Greenhouse Gas Auction date is December 7, 2022.

Control of VOC Emissions from Conventional Oil and Natural Gas Sources – Highway Funding

On the agenda of the October 12th EQB meeting was the final omitted rulemaking package for control of VOC emissions from Conventional Oil and Natural Gas Sources.

This was important as DEP has received a letter from EPA putting them on notice that they need to submit this rulemaking to the EPA as a SIP (State Implementation Plan) revision by December 16, 2022 and should this not happen, a mandatory sanction of $450 million of federal highway funds per year for Pennsylvania were at risk. The regulation package was passed by a 15-3 vote, avoiding potential sanctions assuming DEP gets it to EPA by December 16, 2022.

Should you have any questions, contact Josie Gaskey.

Save the Date - 2023 Underground Stone Conference

Next year's Underground Stone Conference will be held October 5, 2023 near Southpointe, PA. Look for details on the agenda in the coming months.

Should you have any questions or topics for us to include in the conference, contact Josie Gaskey.

PACA Events News

About This Year's Annual Meeting Keynote Speaker

278 PACA members are currently registered to attend the Annual Meeting in Hershey - it's going to be an epic 40th Anniversary celebration!

This year, it is our honor to host Paul Epstein as our keynote speaker.

Building Culture Through the Power of Playing Offense: How Talent Becomes Your Competitive Advantage

Speaker - Paul Epstein

This keynote address is for you if you are growing weary of the never-ending battles of finding, engaging and retaining talent. Learn the keys to organizational and local culture where people know they belong, can thrive and will stay - because they matter!

Learning Outcomes:

  • Reconnect fragmented and hybrid workforces to rally around a spirit of camaraderie, empathy & trust
  • Elevate the level of adaptability and agility so your culture can persist and endure any climate
  • Learn how purpose can galvanize your organization to greater passion, positivity and happiness in the day-to-day
  • From partners to tourists to prisoners, learn to lead challenging teams through highly volatile times

About Paul:

From Why Coach of the San Francisco 49ers to leadership and sales speaker, bestselling author, and Chief Purpose Advisor, discover Paul’s path to become the most trusted voice on leading battle-tested teams and building purposeful culture through The Power of Playing Offense.

Paul Epstein has been in the sports industry since his career began, serving in the NFL league office leading a national sales campaign for Super Bowl XLVIII.

From an entry-level sales position with the NBA’s Los Angeles Clippers franchise, Paul worked his way through the ranks on the power of his passion and willingness to follow his guiding purpose: to make an impact. He eventually became the Clippers’ sales manager, helping them rise from 28th in league revenue to 2nd before moving to a position in New Orleans to help the city save their floundering NBA team— then in danger of being relocated.

Paul then followed his purpose to the NFL— serving in the league office, leading a record-setting Super Bowl XLVIII national sales effort, and overseeing a $1 billion campaign for the 49ers while opening Levi’s Stadium.

To achieve these professional transformations, personal transformation was first needed...
Inspired in part by the message Paul’s late father left with him, that every day is an opportunity to impact lives for the better, Paul went on to take his biggest leap of faith yet.

Paul left the boardrooms of major sports leagues to begin sharing his message of purpose, activating your WHY, and Playing Offense in life and work around the globe. He became an in-demand speaker and thought leader, authored the critically lauded The Power of Playing Offense, led a leadership development lab for a $3 billion organization, and continued to hone his process for putting purpose into daily action.

Today, Paul continues to share his message in keynote talks, books, his Playmakers podcast, a successful coaching practice, and as Chief Impact Officer for Purpose Point as well as Chief Purpose Advisor for the WHY Institute.

All of this momentum led to Paul being awarded by Success Magazine as a Top Thought Leader that Gets Results in 2022.

To see the full Annual Meeting agenda, go HERE.

Young Leaders News

Young Leaders Election Results

This year, for the first time, PACA's Young Leaders had multiple candidates submit their names for the Vice Chair position. It is certainly a testament to the fact that this program is growing and gaining traction to have so many interested in a leadership role for this group.

At this time, we are pleased to officially announce that the candidate who has won the election is Mr. Paul McAndrew of Masters RMC, Inc. Congratulations, Paul!

Leaders Are Readers - Brought to You By PACA's Young Leaders Development Group

Leaders Are Readers

Information submitted by Greg Coker, Greg Coker Development - PACA Emerging Leaders Academy Instructor

This section will be continued in the PACA Conveyor and includes a book recommendation that will give us a new perspective on business and/or leadership. Please reach out to Kallie Kline if you have any recommendations! (Podcast and blog recommendations are welcome as well)

Traction: Get A Grip on Your Business by Gino Wickman

Offers a structured approach to improve leadership productivity and operations. In Traction, you'll learn the secrets of strengthening the six key components of your business. You'll discover simple yet powerful ways to run your company that will give you and your leadership team more focus, more growth, and more enjoyment. Successful companies are applying Traction every day to run profitable, frustration-free businesses—and you can too.

Certification News

PennDOT & NECEPT Announce 2022-2023 Aggregate & Concrete Technician Certification Schedule

The Pennsylvania Department of Transportation and the Northeast Center of Excellence For Pavement Technology (NECEPT) have now posted the 2022-2023 Registration Schedule for both Aggregate Technician and Concrete Certification exams.

To access the Aggregate Technician information, please go HERE.

To access the Concrete Technician exam information, please go HERE.

National News / State News

NRMCA's 2023 Driver of the Year Nomination Form Now Available

NRMCA's Ready Mixed Concrete Delivery Professional Driver of the Year Award, now in its 27th year and sponsored by the Truck Mixer Manufacturers Bureau (TMMB), acknowledges the significant contribution of ready mixed concrete truck drivers to the growth and success of individual companies and the ready mixed concrete industry.

As a salute to these key members of the concrete production and delivery team, the award recognizes the driver’s career achievement, safety, professionalism, competence and customer service skills in a manner that will enhance the industry and public image of the career of Ready Mixed Concrete Delivery Professional. The 2023 Ready Mixed Concrete Truck Driver of the Year Award winner will be honored at an awards presentation ceremony at NRMCA’s Annual Convention in Las Vegas, NV, in March 2023. All nomination applications are due no later than December 31, 2022 via email to [email protected].

To download the nomination form and for more information please click here.

Kentucky Stone Association Underground Conference

The Kentucky Crushed Stone Association continues its yearly well-attended underground mine conference this year. It is being held on December 6-7 at the Downtown Louisville Marriott.

Registration can be found here.

Should you have any questions, contact Josie Gaskey.

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