Asphalt Pavement Magazine - November/December 2016 - 57


ENVIRONMENTAL HEALTH AND SAFETY SECTION-TR AINING

EH&S Regulatory Outlook
What to expect in 2017
By Howard Marks, Ph.D.

O

ver the past few years, the three U.S.
regulatory agencies responsible for
EH&S compliance across the asphalt
pavement industry - Environmental
Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and Federal
Motor Carrier Safety Administration (FMCSA) - have
been actively proposing, finalizing, modifying, and
recalling various regulations that effect the industry.
With this level of activity, combined with uncertainty
over how the 2016 elections will reshape Congress and
the Administration, the EH&S regulatory forecast for
2017 is quite uncertain. Outlined below are several
agency-specific regulations that may affect the asphalt
pavement industry in the year ahead, and the steps
NAPA is taking to help minimize their potential impact
and ease compliance.

Environmental Regulations
In recent years, federal and state environmental agencies
have increased regulatory oversight of stormwater
management and permitting requirements. Not only
have effluent limits for stormwater discharge been
reduced in many states, but environmental agencies are
also redefining the legal term "navigable water." In the
instance of direct stormwater management, a number
of states moved to classify rainwater runoff from raw
material stockpiles as "process waters," which would
require industrial discharge permitting under National
Pollutant Discharge Elimination System (NPDES) or
state permitting systems. NAPA, partnering with the
State Asphalt Pavement Associations, was successful in
halting potential expansion of the definition of process
water in a number of states. Despite this, there is no
question that states, especially those with extensive and
pristine waterways, are placing a heightened emphasis on
protecting their navigable waters. Along the same lines,
as of August 2016, the EPA's rule redefining "Waters of
the U.S.," finalized by the agency in May 2015, continues
to be questioned both by Congress and the courts. Under
the redefinition of navigable waters, numerous industries,
including road construction activities and quarrying, may
have to implement operational and/or site changes.

State and federal environmental agencies are also
watching the indirect control of nitrogen oxides (NOx).
In October 2015, EPA lowered the National Ambient Air
Quality Standard (NAAQS) for ground-level ozone by
about 10 percent. The ozone standard was last lowered
in 2008. The NAAQS are the criteria each state and its
air districts must adhere to. Depending on geographic
constraints and population densities, each state or
multi-state air-quality agency (e.g., ozone transport
commissions) must assess how it will comply with
meeting the revised standard. However, the majority of
these air agencies have yet to implement individual state
plans that address 2008 NAAQS ozone controls. Despite
this, and in combination with EPA's latest push to control
CO2 emissions, many state agencies see the 2015 NAAQS
as an ideal opportunity to increase regulation of the
combustion of petroleum fuels at stationary sources and
possibly across mobile sources. No doubt, 2017 will see
a big push by state air agencies to limit stationary source
NOx emissions, depending on geographic location. This
will likely influence asphalt mix facilities, and their fuel
types and drum dryer combustion processes.

Trucking Regulations
Although FMCSA regulates interstate trucking, many
state departments of transportation apply these federal
regulations to intrastate trucking as well. In recent
years, FMCSA's regulatory focus has centered on Hours
of Service (HoS) requirements. FMCSA sets out specific
driving time limits and break requirements primarily for
long-haul truckers.
Historically, industries with unique trucking issues
have sought and received relief from some of the
agency's broad regulations. For example, almost a decade
ago, the asphalt pavement industry was successful
in obtaining relief regarding a truck driver's ability
to restart his or her workweek, broadly known as the
24-hour restart exemption for hauling construction
materials. In 2011, FMCSA strengthened HoS regulations,
including requiring a 30-minute break prior to
completing eight hours of on-duty drive time and
mandating 2-5 a.m. sleep breaks twice a week. Some of
continued on page 59
Asphalt Pavement Magazine - November/December 2016 * 57



Table of Contents for the Digital Edition of Asphalt Pavement Magazine - November/December 2016

President’s Perspective Asphalt — The Sustainable Choice
Industry News
Creating a Sustainability Program: Going Forward
2017 NAPA Annual Meeting Preview Strategies in a Changing Market
Developing a Stronger, Healthier Safety Culture
EH&S Training for the Upcoming Season
Are You Ready for OSHA’s New Silica Rule?
Resources to Reach Your Community with Real, Positive Information
EH&S Regulatory Outlook
Industry Calendar
Index of Advertisers / Advertisers.com
Asphalt Pavement Magazine - November/December 2016 - cover1
Asphalt Pavement Magazine - November/December 2016 - cover2
Asphalt Pavement Magazine - November/December 2016 - 3
Asphalt Pavement Magazine - November/December 2016 - 4
Asphalt Pavement Magazine - November/December 2016 - 5
Asphalt Pavement Magazine - November/December 2016 - 6
Asphalt Pavement Magazine - November/December 2016 - 7
Asphalt Pavement Magazine - November/December 2016 - 8
Asphalt Pavement Magazine - November/December 2016 - President’s Perspective Asphalt — The Sustainable Choice
Asphalt Pavement Magazine - November/December 2016 - 10
Asphalt Pavement Magazine - November/December 2016 - 11
Asphalt Pavement Magazine - November/December 2016 - 12
Asphalt Pavement Magazine - November/December 2016 - Industry News
Asphalt Pavement Magazine - November/December 2016 - 14
Asphalt Pavement Magazine - November/December 2016 - 15
Asphalt Pavement Magazine - November/December 2016 - 16
Asphalt Pavement Magazine - November/December 2016 - Creating a Sustainability Program: Going Forward
Asphalt Pavement Magazine - November/December 2016 - 18
Asphalt Pavement Magazine - November/December 2016 - 19
Asphalt Pavement Magazine - November/December 2016 - 20
Asphalt Pavement Magazine - November/December 2016 - 21
Asphalt Pavement Magazine - November/December 2016 - 22
Asphalt Pavement Magazine - November/December 2016 - 23
Asphalt Pavement Magazine - November/December 2016 - 2017 NAPA Annual Meeting Preview Strategies in a Changing Market
Asphalt Pavement Magazine - November/December 2016 - 25
Asphalt Pavement Magazine - November/December 2016 - 26
Asphalt Pavement Magazine - November/December 2016 - 27
Asphalt Pavement Magazine - November/December 2016 - Developing a Stronger, Healthier Safety Culture
Asphalt Pavement Magazine - November/December 2016 - 29
Asphalt Pavement Magazine - November/December 2016 - 30
Asphalt Pavement Magazine - November/December 2016 - 31
Asphalt Pavement Magazine - November/December 2016 - 32
Asphalt Pavement Magazine - November/December 2016 - 33
Asphalt Pavement Magazine - November/December 2016 - 34
Asphalt Pavement Magazine - November/December 2016 - 35
Asphalt Pavement Magazine - November/December 2016 - EH&S Training for the Upcoming Season
Asphalt Pavement Magazine - November/December 2016 - 37
Asphalt Pavement Magazine - November/December 2016 - 38
Asphalt Pavement Magazine - November/December 2016 - 39
Asphalt Pavement Magazine - November/December 2016 - 40
Asphalt Pavement Magazine - November/December 2016 - 41
Asphalt Pavement Magazine - November/December 2016 - 42
Asphalt Pavement Magazine - November/December 2016 - 43
Asphalt Pavement Magazine - November/December 2016 - Are You Ready for OSHA’s New Silica Rule?
Asphalt Pavement Magazine - November/December 2016 - 45
Asphalt Pavement Magazine - November/December 2016 - 46
Asphalt Pavement Magazine - November/December 2016 - 47
Asphalt Pavement Magazine - November/December 2016 - 48
Asphalt Pavement Magazine - November/December 2016 - 49
Asphalt Pavement Magazine - November/December 2016 - 50
Asphalt Pavement Magazine - November/December 2016 - 51
Asphalt Pavement Magazine - November/December 2016 - Resources to Reach Your Community with Real, Positive Information
Asphalt Pavement Magazine - November/December 2016 - 53
Asphalt Pavement Magazine - November/December 2016 - 54
Asphalt Pavement Magazine - November/December 2016 - 55
Asphalt Pavement Magazine - November/December 2016 - 56
Asphalt Pavement Magazine - November/December 2016 - EH&S Regulatory Outlook
Asphalt Pavement Magazine - November/December 2016 - 58
Asphalt Pavement Magazine - November/December 2016 - 59
Asphalt Pavement Magazine - November/December 2016 - Industry Calendar
Asphalt Pavement Magazine - November/December 2016 - 61
Asphalt Pavement Magazine - November/December 2016 - Index of Advertisers / Advertisers.com
Asphalt Pavement Magazine - November/December 2016 - cover3
Asphalt Pavement Magazine - November/December 2016 - cover4
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