Stone, Sand & Gravel REVIEW - July/August 2017 - 24
EPA's Waters of the U.S. Rule (80
FR 37054) is an attempt to regulate
dry streambeds and isolated wetlands in what amounted to a radical
expansion of federal jurisdiction over
waters that have little or no connection to flowing streams and rivers.
Aggregates operators would face additional, costly federal permitting, correction or mitigation, which in turn
would cause increased delays and cost
overruns for critical public-works
projects. The rule has been under a
nationwide stay from the 6th U.S.
Circuit Court of Appeals since 2015,
shortly after it was enacted.
Action Needed: The Mine Safety and
Health Administration should withdraw the Workplace Exams rule.
MSHA's Workplace Exams rule (78
FR 5056) will be in effect on Oct. 2,
2017 and impede the ability of operators to effectively manage workplace
safety. In addition to forcing operators
to significantly alter work processes,
the rule would also mandate substantial increases in paperwork. It requires
workers at aggregates operations to
examine an area before work begins
and increase documentation of adverse
conditions and abatements. Yet, the
rule vaguely defines a working place
and conditions that may adversely
affect safety and prompt notification.
The rule also requires examiners to
identify themselves on the record.
This would be especially tough on
small operators and raise the costs of
compliance across the industry. While
NSSGA appreciates the extension of the
effective date, approved in May, the
rule should be withdrawn.
Action Needed: MSHA should withdraw
and replace the Pattern of Violations rule.
There are several substantial problems with MSHA's Pattern of Violations
rule (82 FR 7680). Most notably, it
ignores the due process rights of aggregates operations by allowing MSHA to
include un-adjudicated citations in its
calculations for determining whether
a quarry or pit deserves to be named a
pattern violator of regulations. Pattern
status subjects an operation to closure
and massive losses. NSSGA believes
that these defects in the rule render
it an MSHA power grab, while dismissing the due process rights of operators
assured in the Fifth Amendment of the
OSHA/MSHA-Rule to Reduce
the Workplace Exposure
Limit for Crystalline Silica
Action Needed: The 2016 crystalline
silica rule should be withdrawn.
The 2016 crystalline silica rule (81 FR
16285) should be withdrawn because
the rule's permissible exposure limit
SAND & GRAVEL REVIEW, July/August 2017
22/05/17 10:10 pm