NIOSH to Study Mining Risks

The National Institute for Occupational Safety and Health is taking a first step toward launching a broad study of occupational risks in mining. The agency has proposed a pilot study as a prelude to a national survey of the mining population. The last mining industry population study was done in 1986. NIOSH says it expects the pilot study to elicit responses from about 30 mining operations, including some in the aggregates industry. The larger study will involve collecting basic information about mining operations, along with demographic and occupational characteristics of employees within each mining sector including stone, and sand and gravel. “As a result of this survey, surveillance researchers and government agencies such as the Mine Safety and Health Administration will be able to identify groups of miners with a disproportionately high risk of injury or illness,” NIOSH says.

Environmental Groups Challenge Wetlands Suit

Environmental groups are calling on a federal court to reject the aggregates industry's legal challenge of a wetlands regulation. The case involves a 2001 Environmental Protection Agency and Army Corps of Engineers Clean Water Act rule regulating “incidental fallback,” relating to the “Tulloch rule.” The National Stone, Sand and Gravel Association challenged the regulation in U.S. District Court. The group, joined by other transportation construction industry groups, argue the 2001 rule is overly vague and shifts the burden of proof for determining if activities are regulated to the regulated parties themselves. But the Sierra Club and National Wildlife Federation say that industry should not expect a more specific regulation. “Plaintiffs may be dissatisfied with the case-by-case approached adopted in the 2001 rule, which leaves the ultimate decisions on the scope of the Act to be made by Corps regional officials,” the environmental groups say. But industry is free to consult Corps officials to obtain advance guidance on which activities require a permit, the groups add.

Michigan Producer Charged with Clean Air Violations

The EPA's Chicago office is alleging Montgomery Aggregate Products of Sault Ste. Marie, Mich., violated federal and state clean-air regulations. EPA says Montgomery did not comply with federal new source performance standards at a processing plant by failing to notify the state of construction and startup activities at the plant. The agency also alleges Montgomery failed to complete timely performance tests at the operation. Montgomery also did not get a state permit to install before it built its sand and gravel plant, EPA charges. The company did not respond to a request for comment.

FHWA Team Explores States' Recycling

A Federal Highway Administration team is visiting five states this summer to develop an in-depth review of the states' recycled concrete aggregate programs. Minnesota, Michigan, Texas, Utah and Virginia were identified as experienced in using recycled concrete aggregate. The agency developed some basic conclusions about state DOT's recycling: concrete is routinely being recycled in the highway environment; base material is the primary application of recycled concrete aggregate; and recycled concrete as aggregate in hot-mix asphalt and concrete is not widely accepted. FHWA hopes the review of the five states' experiences will yield a report that showcases how state transportation agencies have advanced the routine use of recycled concrete as aggregate.

Charlotte S. Garvey is a Washington, D.C.-based writer specializing in environmental, natural resources, and other public policy issues.