Stone, Sand & Gravel REVIEW - July/August 2017 - 25

(PEL) for crystalline silica is unsupported by sound science. It should
be replaced with the former general
industry PEL, which effectively protects employees. In fact the previous
limit has contributed to a 95 percent
reduction in silicosis cases since taking effect in the early 1970s. Yet, OSHA
cut that PEL in half in March 2016
despite failing to demonstrate that
the former PEL was not protective.
Many commercial laboratories cannot consistently measure workplace
air samples with the accuracy that
employers need. Inaccurate lab results
may lead employers unwittingly to
overlook excess exposures or to expend
resources, reducing already compliant
exposures. Unjustified penalties from
regulators could also increase.
When the rule takes full effect, it
will cost regulated industries at least
$2.45 billion annually with no offsetting benefit to employees. This cost is
ultimately passed on to the taxpayers
who fund infrastructure projects. If
MSHA enacts a similar rule, the cost to
aggregates facilities would likely reach
tens or hundreds of millions of dollars.
EPA-Toxic Substances Control
Act (TSCA) Risk Evaluation
Action Needed: EPA's Chemical Risk
Evaluations should be based on sound,
up-to-date science and use precise
chemical definitions.
NSSGA supports EPA's commitment
in its final Risk Evaluation Framework
Rule to conduct risk evaluations based
on the weight of the scientific evidence using the best available science.
NSSGA will work to ensure EPA puts
these principles into practice in relevant risk evaluations.
NSSGA also supports EPA's use of
the longstanding statutory definition of "asbestos" in Title II of TSCA
for the purposes of its asbestos risk
evaluation. EPA should take further
steps to precisely define asbestos and
asbestos-containing material based
on its chemical makeup, physical and
morphological properties, appropriate
methods, criteria for identification
and other relevant factors.
NSSGA prevailed in a lawsuit against
OSHA after the agency, in 1986,

erroneously altered its definition of
asbestos to include common rock fragments that have not been shown to
present the health hazards associated
with asbestos exposure. OSHA's incorrect definition mischaracterized many
aggregates producers' products as containing asbestos. NSSGA will encourage
EPA to precisely define asbestos in its
TSCA risk evaluation, as stated above.
Finally, EPA has concluded TSCA gives
it authority to exclude certain "conditions of use" from its evaluation of a
chemical, such as where the use is de
minimis, unintentional, or adequately
addressed by other regulations. NSSGA
supports this interpretation and will
encourage EPA to use a fit-for-purpose
approach for those uses that are considered in its risk evaluations.

U.S. Fish and Wildlife
Services-Endangered Species
Act Process and Rules Reform
Action Needed: Re-propose some of
the Endangered Species Act (ESA) rules
finalized by the previous administration
and incorporate objective standards.
NSSGA believes that the protection
of endangered species is important,
and supports a scientific approach
to protection that balances the need
for continued economic growth.
During the Obama administration,
several changes were made that make
an arduous process even more difficult and costly with questionable
environmental benefit. The Obama
administration's change in definition of critical habitat goes well
beyond the unambiguous language
and intent of the ESA to include areas
which may be habitat someday. This
change effectively makes land off
limits to development by requiring
costly mitigation.
Complying with ESA rules can stop
projects in their tracks and add enormous costs to permitting job-creating

new operations. Mandatory consultation with the U.S. Fish and Wildlife
Service is open-ended and lacks any
procedures and process to define
the scope, sequence and timing of
agency review and action. Permits
in the U.S. take far longer to obtain
than other developed countries like
Australia and Canada, and the ESA is
major culprit. As with other regulatory burdens, these costs are passed
along to the taxpayers who fund most
infrastructure projects.
EPA-Regulation of
Small Stationary Engines
at Area Sources
Action Needed: Revise rule to exempt
aggregates operations.
EPA's rule for reciprocating internal
combustion engines (RICE) sets strict
emission limits and requires performance tests and onerous recordkeeping (40 CFR 63 Subpart ZZZZ). EPA
typically focuses on regulating very
large or mobile sources, as regulating
very small sources is of limited value
in comparison to the prohibitive cost
to comply. The impacts of emissions
from smaller engines are limited to
the immediate vicinity of the emission source, so this rule is not needed
to protect public health beyond the
property lines of a facility. Regulating
small engines at tens of thousands of
facilities, including aggregate operations, requires costly testing and
upgrades with very little positive net
impact on overall air quality. While
many aggregates operations have
paid to upgrade their engines, the
required recordkeeping and testing
is an unnecessary burden.
Draft Field-Based
Methods for Developing
Aquatic Life Criteria for
Specific Conductivity
Action Needed: Withdraw conductivity report and further evaluate need
and feasibility.
NSSGA finds that the Draft FieldBased Methods for Developing Aquatic
Life Criteria for Specific Conductivity
(81 FR 94370) is inadequate as guidance for states to develop a conductivity standard. Conductivity has always

STONE, SAND & GRAVEL REVIEW, www.nssga.org 25


http://www.nssga.org

Table of Contents for the Digital Edition of Stone, Sand & Gravel REVIEW - July/August 2017

Aggregates News Blasts
Gallatin Quarry Demonstrates Community Relations Excellence
There and Back Again
Regulatory Reform Efforts Underway
Celebrating 25 Years of Young Leaders
NSSGA @ Work
Rip & Share
Equipment Guide
Index of Advertisers
Stone, Sand & Gravel REVIEW - July/August 2017 - Intro
Stone, Sand & Gravel REVIEW - July/August 2017 - cover1
Stone, Sand & Gravel REVIEW - July/August 2017 - cover2
Stone, Sand & Gravel REVIEW - July/August 2017 - 3
Stone, Sand & Gravel REVIEW - July/August 2017 - 4
Stone, Sand & Gravel REVIEW - July/August 2017 - 5
Stone, Sand & Gravel REVIEW - July/August 2017 - 6
Stone, Sand & Gravel REVIEW - July/August 2017 - 7
Stone, Sand & Gravel REVIEW - July/August 2017 - 8
Stone, Sand & Gravel REVIEW - July/August 2017 - Aggregates News Blasts
Stone, Sand & Gravel REVIEW - July/August 2017 - 10
Stone, Sand & Gravel REVIEW - July/August 2017 - 11
Stone, Sand & Gravel REVIEW - July/August 2017 - Gallatin Quarry Demonstrates Community Relations Excellence
Stone, Sand & Gravel REVIEW - July/August 2017 - 13
Stone, Sand & Gravel REVIEW - July/August 2017 - 14
Stone, Sand & Gravel REVIEW - July/August 2017 - 15
Stone, Sand & Gravel REVIEW - July/August 2017 - 16
Stone, Sand & Gravel REVIEW - July/August 2017 - 17
Stone, Sand & Gravel REVIEW - July/August 2017 - There and Back Again
Stone, Sand & Gravel REVIEW - July/August 2017 - 19
Stone, Sand & Gravel REVIEW - July/August 2017 - 20
Stone, Sand & Gravel REVIEW - July/August 2017 - 21
Stone, Sand & Gravel REVIEW - July/August 2017 - 22
Stone, Sand & Gravel REVIEW - July/August 2017 - Regulatory Reform Efforts Underway
Stone, Sand & Gravel REVIEW - July/August 2017 - 24
Stone, Sand & Gravel REVIEW - July/August 2017 - 25
Stone, Sand & Gravel REVIEW - July/August 2017 - 26
Stone, Sand & Gravel REVIEW - July/August 2017 - 27
Stone, Sand & Gravel REVIEW - July/August 2017 - Celebrating 25 Years of Young Leaders
Stone, Sand & Gravel REVIEW - July/August 2017 - 29
Stone, Sand & Gravel REVIEW - July/August 2017 - 30
Stone, Sand & Gravel REVIEW - July/August 2017 - 31
Stone, Sand & Gravel REVIEW - July/August 2017 - 32
Stone, Sand & Gravel REVIEW - July/August 2017 - NSSGA @ Work
Stone, Sand & Gravel REVIEW - July/August 2017 - 34
Stone, Sand & Gravel REVIEW - July/August 2017 - Rip & Share
Stone, Sand & Gravel REVIEW - July/August 2017 - 36
Stone, Sand & Gravel REVIEW - July/August 2017 - 37
Stone, Sand & Gravel REVIEW - July/August 2017 - Equipment Guide
Stone, Sand & Gravel REVIEW - July/August 2017 - 39
Stone, Sand & Gravel REVIEW - July/August 2017 - 40
Stone, Sand & Gravel REVIEW - July/August 2017 - 41
Stone, Sand & Gravel REVIEW - July/August 2017 - 42
Stone, Sand & Gravel REVIEW - July/August 2017 - 43
Stone, Sand & Gravel REVIEW - July/August 2017 - 44
Stone, Sand & Gravel REVIEW - July/August 2017 - Index of Advertisers
Stone, Sand & Gravel REVIEW - July/August 2017 - 46
Stone, Sand & Gravel REVIEW - July/August 2017 - cover3
Stone, Sand & Gravel REVIEW - July/August 2017 - cover4
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