Update on Federal Policy
National Associations (IMA-NA, NAPA, NRMCA, NSSGA)
Community Toxic Exposure Minimization
Scott Cohen, Sespe Consulting – a Trinity Consultants Company
Malcolm Weiss, Hunton Andrews Kurth LLP
The presentation will summarize recent and proposed changes in CARB emissions reporting requirements, explain what to expect in terms of future compliance and public notification/reduction of health risks associated with industrial facilities, and share the presenters’ experiences dealing with HRA approvals at local air districts. Overview of the 2015 HRA Guidelines will be followed by descriptions of issues encountered by facilities in several districts. Engineering and legal strategies considered during that work and publicly available information on legal actions that have been taken will be shared.
How Water Rights Changed During the 2020 Drought
Lauren Bernadett, Harrison, Temblador, Hungerford & Johnson LLP
As California struggles with ongoing drought and water shortage conditions, long held assumptions about access to water are being challenged. The State Water Resources Control Board curtailed water rights across the state in 2015, which resulted in serious challenges to the agency’s jurisdiction and process for taking away access to water. Since then, new court decisions have clarified the agency’s authority during water shortages and the 2020 drought gave the agency the opportunity to test its new approach to evaluating water unavailability and issuing curtailments. Because significant dry periods are considered a new normal that must be prepared for, the State’s actions and increased control over water supply necessarily redefine water management assumptions and practices that industry must consider when planning for the future. This presentation will discuss how the State Water Board is approaching water curtailments, which water uses and industries the agency is prioritizing, how this changes access to water, and how this impacts what industry can expect in the future.
Environmental Breakout Sponsor
Sustainability Story for Quarries
Raven Adams, Granite Construction Inc.
Bill Taylor, Granite Construction Inc.
This presentation will focus on lessons learned during the development of Granite Construction’s Sustainability Report, including the role of the Surface Mine and Reclamation Act (SMARA) in the sustainability narrative, and the role quarry operators have in sustainable infrastructure and natural resource management.
Abandonment of Vested Mining Rights
Adam Guernsey, Harrison, Temblador, Hungerford & Johnson LLP
Every Californian uses an average of 5.3 tons of aggregate per year. While current permitted aggregate reserves exceed approximately 7.5 billion tons, the Department of Conservation forecasts a 3.5 billon ton aggregate supply shortfall over the next fifty years. Notwithstanding the demand for aggregate, significant permitting efforts are more difficult than ever in California, due to regulatory, environmental, and political considerations. Moreover, given California’s unique and rich mining history, there are countless seemingly “abandoned” mines throughout the state, which both retain significant mineral resource reserves and have escaped SMARA’s reclamation requirements. What if, however, mines that were “abandoned” 80, 90, or 100 years ago were not actually “abandoned,” but instead retained vested rights to continue mining without a use permit, subject only to approval of a reclamation plan? Is there a way to meet the projected aggregate shortfall without facing California's permitting difficulties while, at the same time, reclaiming potentially dangerous historical mining operations?
This presentation will discuss, from a legal perspective, vested mining rights, with a focus on “abandonment” of those vested mining rights. This presentation will also discuss, from a practical perspective, how to obtain a vested right determination and reclamation plan for seemingly “abandoned” mines, and how that reduces regulatory, environmental, and political uncertainty and costs, while achieving SMARA’s dual goals of the continued extraction of minerals for the continued economic well-being of the state and reclamation of mined lands to protect the public health and safety.
Little Critters that Stop Projects? Understanding California’s Biodiversity Initiatives, Endangered Species, and Habitat Conservation
Kerry Shapiro, Jeffer Mangels Butler & Mitchell LLP
Dan Quinley, Jeffer Mangels Butler & Mitchell LLP
David Cerasale, WestLand Resources, Inc.
This presentation will discuss recent developments around protected species, including the use of listing petitions to increase regulatory burdens and stall projects, California’s biodiversity initiatives, and the potential use of landscape-scale conservation strategies. We will discuss the current listing process and associated regulatory issues surrounding the western Joshua tree; as well as explore the use of techniques and strategies to address the potential impact of listings on mine operations, based on the experience of the Golden Queen Mine with a small desert snail, including the first instance of an attempted cooperative effort between a mining entity, the Center for Biological Diversity, and wildlife agencies.
Case Study: Using CEQA’s Subsequent Review Rules to Shape Entitlements for the Future
Brad Johnson, Everview Ltd.
John Hecht, Sespe Consulting – a Trinity Consultants Company
This case study will focus on the permit amendments that Kern County approved for Golden Queen Mining Company’s Soledad Mountain Mine. Specifically, this presentation will discuss how the permitting team (Company, SESPE, and HTHJ Law) used CEQA’s subsequent review rules to obtain streamlined approval of a major permit and reclamation plan amendment on the basis of a CEQA addendum. By forecasting operational needs, initiating permit change processes before reaching critical timeframes, and utilizing CEQA’s subsequent review rules, operators can best position their projects for a streamlined approval process.
What the Truck Do CARB’s Upcoming ZEV Rules Mean for Your Facility?
Anne McQueen, Yorke Engineering LLC
Maya Grasse, Alston & Bird
In preparing for compliance with the Advanced Clean Fleet (ACF) rule that will mandate on-road HD truck fleet turnover to Zero Emission Vehicle (ZEV), starting in the next 2 to 5 years, there are many unanswered questions. The purpose of this presentation is to describe work completed to address these questions, including technology readiness, true operating cost, electricity rate issues, funding availability and opportunities, strategies for influencing the narrative with agencies and NGOs, and other special topics. Why is CARB in such a hurry? Is it even feasible to meet the deadlines set? What can facilities do to prepare in the meantime? How much will it really cost? Are we not alone? Who are our allies? What relief is available if compliance cannot be achieved? We promise to work hard to satisfy your curiosity on these crucial matters.
Concrete Breakout Sponsor
It’s Here! Portland Limestone Cement
Nathan Forrest, California Nevada Cement Association
Gary Kirk, CalPortland
An exciting development in reducing greenhouse gas emissions in the cement and concrete sector is a new specification by Caltrans to allow Porland Limestone Cement. This talk will review the basics of the speficiation and the opportunities for concrete producers to be able to utilize this cement in their operations.
Responsible Sourcing: Risks and Rewards
Tien Peng, National Ready Mixed Concrete Association
Patrick Matsche, National Ready Mixed Concrete Association
It is well documented that social responsibility practices are both an emerging and rapidly expanding set of standards for 21st century corporations. As companies shifts hands from the current generation to the upcoming millennials, there are markedly different reputational risk standards that companies must uphold to gain traction in the evolving investor and consumer market. This presentation will introduce the Concrete Sustainability Council (CSC) as the industry specific system which certifies the sustainability performance of concrete plants and their supply chain across the globe.
What Global Warming Potential (GWP) in Specs Means for Concrete Suppliers and Purchasers
Edward Luce, CEMEX
Kevin Davis, CarbonCure (invited)
Nathan Forrest, California Nevada Cement Association (invited)
Increasingly, owners and specifiers, in an effort to build with the lowest carbon impact, are looking to document concrete's impact through data known as global warming potential, or GWP. What do GWP numbers mean for concrete producers? What do they mean for contractors? What solutions are available for producers to meet this challenge? Attend, and you will find out.
Concrete Durability in Marine Environments
Charles Nmai, Master Builder Solutions
With California’s long coastline and urban areas, designing concrete to meet long-term durability requirements in marine environments is critical. Charles Nmai, Master Builders Solutions, will discuss how concrete structures are designed to mitigate corrosion. Producers will leave with a better understanding of how to address issues with contractors, builders, and designers.
Coming Soon: Concrete Testing Adherence Collaboration (CTAC)
Todd Ohlheiser, Colorado Ready Mixed Concrete Association
Has a concrete producer ever seen a third-party tester mishandle a concrete sample or core? Not follow the correct procedures? Or, lose money because of careless sampling procedures? Well, a new program is being instituted nationwide to allow concrete producers to observe and track testing by third parties. It is called the Concrete Testing Adherence Collaboration (CTAC). This talk will tell concrete producers how they can participate in CTAC, how it will operate, and how it will help improve concrete testing.
Fly Ash, Blended SCMs: What Does the Future Hold?
Jeff Hearne, Salt River Materials Group
Fly ash has become a staple in concrete mixes, but its future availability is unpredictable. A recent report from Caltrans documents many replacement options. One being worked on by suppliers are fly ash products blended with natural pozzolans and other materials. Suppliers are now working with Caltrans to develop a Blended Supplementary Cementitious Materials (SCM) Specification. This talk will review what is being considered by Caltrans, and what it means and the potential for concrete producers.
Asphalt Breakout Sponsor
The Latest in Tester Certification with Caltrans
Jeremy Self-Peterson, Caltrans
Richard Hibbard, Caltrans
For five years, Caltrans has operated the Joint Training and Certification Program (JTCP), a collaborative program with Caltrans, academia, and industry to train and certify testers of construction materials. The program has also undergone a lengthy review and is likely to implement modifications. This talk will review the status of this important program, its successes, challenges, what it brings to industry, agencies, and collaboration, and what to expect next.
High RAP & RAS – The Perspective from FHWA
Chu Wei, Federal Highway Administration
The use of 40% reclaimed asphalt pavement (RAP) and recycled asphalt shingles (RAS) in hot mix asphalt offer contractors, the state, and cities and counties the single greatest opportunity for reducing waste, greenhouse gases, and costs in the state’s most common paving material. This talk will showcase the federal government’s emphasis, the resources, and the opportunities for use of high RAP and RAS.
Statistical Pay Factors (SPF): A Case Study
Pat Imhoff, CalPortland Construction
Caltrans has put a number of Statistical Pay Factor pilot projects out to bid. The specifications are similar to Caltrans previous incentivize/disincentive QC/QA specifications with a couple of exceptions. The mix design is based on the SuperPave gyratory compactor mix methodology and air voids have been added as a pay factor quality characteristic. Thus far one project has been completed. Understanding the asphalt producer/contractors experience on the 1st SPF pilot project will act as a guide for future SPF pilot projects.
Crack Resistance Testing For BMD: IDEAL CT
Jeff Buscheck, UC Pavement Research CenterBalanced Mix Design will be the ultimate hot mix asphalt mix specification—finally, a performance-based specification to optimize material combinations for the best pavement. The Federal Highway Administration is pushing it nationwide and Caltrans is piloting on the Sacramento Interstate 5-Long Life Pavement Project. Initial briefings are beginning, and Caltrans and industry can be expected to soon start working on a specification. The key will be use of the IDEAL Crack Test. This talk from the state’s key asphalt research lab manager, will help asphalt suppliers and contractors understand the test and how to use it.