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Regulatory

Regulatory Focuses

Environmental

25 PA Code Chapter 77 Noncoal Mining Regulation

The Environmental Quality Board (EQB) proposed to amend Chapter 77 (relating to noncoal mining). The proposed amendments provide updates and clarifications for the requirements for mining noncoal in the commonwealth.

The PA Department of Environmental Protection (DEP) worked with the Aggregate Advisory Board and PACA on these updates and clarifications.

Environmental

Environmental Justice

There are three federal executive orders that refer to ‘cumulative exposures’ in promoting equal opportunity for underserved communities.

EPA’s FY 2022–26 strategic plan and EO 13985 Equity Action Plan, establishes goals and priorities specifically directed at addressing cumulative impacts in its actions in order to advance these federal environmental justice, equity, and civil rights policies. Furthermore, EPA’s Office of Research and Development has developed a definition of ‘cumulative impacts’ as ‘the totality of exposures to combinations of chemical and nonchemical stressors and their effects on health, well-being, and quality of life outcomes.’

Water

MS4

Federal Clean Water Act (CWA) regulations require municipalities that meet certain size standards based on census data obtain NPDES permit coverage for discharges of stormwater from their municipal separate storm sewer systems (MS4s). Phase I of this requirement occurred years ago for large MS4s such as Philadelphia and Pittsburgh. Phase II includes small and medium size MS4s.

In PA, there are 1,059 small MS4s. The requirements include six Minimum Control Measures (MCMs). However, since many of these small MS4s are within the 43 counties within the Chesapeake Bay watershed and there is a TMDL for the Chesapeake Bay, these municipalities must also implement a Chesapeake Bay Pollution Reduction Plan. To implement the requirements, municipalities have begun assessing a “fee” to cover the costs.

A court case involving West Chester Borough and West Chester University has brought a potential positive action for our MS4 issues, with the judges indicating that the stormwater charges for West Chester University are actually unlawful taxes (not fees) 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 unreported.

PACA and the PA Chamber of Business and Industry 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 will be filing an appeal on the decision to the Supreme Court, and we and the Chamber will likely be filing an amicus brief in response to the Borough of West Chester’s appeal when that occurs.

PACA opposes MS4 fees for those facilities with NPDES permits and no discharge to stormwater systems.

Water

PFAs (Perfluoroalkyl and Polyfluoroalkyl substance)

In 2018, through an executive order, and ahead of EPA, then Governor Wolf established a PFAS Action Team led by DEP to develop a comprehensive response to identify and eliminate the sources of PFAS contamination, address strategies to deliver safe drinking water, manage environmental contamination, explore funding for remediation efforts, and increase public education.

In 2019, the action team released a comprehensive report outlining the challenges associated with PFAS. The governor also sent a letter to EPA urging the EPA to move forward with establishing maximum contaminant levels (MCLs) for PFOA and PFOS. 

Disregarding EPA, final regulatory amendments to 25 PA Code Chapter 250: Administration of the Land Recycling Program were published in the PA Bulletin on November 20, 2021, establishing cleanup standards for three PFAS – PFOA, PFOS, and PFBS.

Additionally, the PFAS MCLs in Drinking Water rulemaking was published in the January 14, 2023 issue of the PA Bulletin. That rulemaking set MCLs and maximum contaminant level goals (MCLGs) for PFOA and PFOS, two contaminants that are part of a larger group of PFAS.

Safety/Health

MSHA Regulatory Agenda

The federal Unified Agenda of Regulatory and Deregulatory Actions reports on the actions administrative agencies plan to issue in the near and long term. The Agenda is released by the Office of Information and Regulatory Affairs and provides public notice about proposed regulatory and deregulatory actions within the Executive Branch.

The Mine Safety & Health Administration’s (MSHA) Regulatory Agenda lists 3 items of interest to our industry:

  • Respirable Crystalline Silica. MSHA anticipates issuing a Notice of Proposed Rulemaking in April 2023.
  • Requiring Safety Programs for Surface Mobile Equipment. MSHA anticipates issuing a Final Rule in July 2023.
  • Testing, Evaluation, and Approval of Electric Motor Driven Mine Equipment (to allow use of voluntary consensus standards). A final rule is anticipated in June 2023.

Environmental Community

Leads

Environmental Chair - Andrew Gutshall, Heidelberg Materials
Health and Safety Chair - Brett Thorius, Director of Safety, NESL

Staff Liaison - Megan Dennis, Director of Environmental, Safety & Health

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PACA's Online e-Learning Center

The program is delivered in one (1) module and it should take approximately 30 minutes to complete.  You will receive a certificate of completion once you pass the quiz. The bookmarking feature will allow you to leave the course and resume where you left off when you return.

The Pennsylvania Aggregates and Concrete Association (PACA) is the industry’s unified voice, representing more than 200 member companies across the state.