California Asphalt Magazine 2018 Environmental Issue

2018 ENVIRONMENTAL ISSUE

CRYSTALLINE SILICA What you need to know about new OSHA standards on exposure, monitoring & enforcement

INSIDE: New Prop. 65 warning sign requirements Spotlight on the Pavement Preservation Center at CSU Chico Keys to getting representative test results

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Publisher’s Letter Dear readers, It is my pleasure to introduce this special environment-themed issue of CalAPA’s magazine, California Asphalt. I’m proud of the many pro-active steps our industry has taken over the years to support sustainability, environmental protection and being good neighbors in our communities.

But a different type of environment – the political environment – is now the biggest threat to our industry.

My company, Knife River Construction, is finishing up the reconstruction of Cohasset Road between East Avenue and Eaton Road for the City of Chico. As a road builder and a local commuter it is exciting to see that local counties and cities finally have the funding available to meaningfully begin the significant job of repairing our dilapidated and dangerous system of roadways. Cohasset Road is drivable again because of road funds generated by the passing of SB1, also known as the Road Repair & Accountability Act of 2017.

But there are clouds on the horizon. Some are attempting to make the argument that we must repeal the 12 cent per gallon gas tax passed and instituted last November to fund the fixing of our dangerous roads because “Californians are taxed too much already.” I am certainly not aware of a credible argument to counter the assertion that we are over taxed in our state, but I fail to see what income taxes and property taxes and utility taxes and taxes ad infinitum have to do with whether or not we maintain our roads in a safe condition. Do you stop replacing your worn out shoes because you pay too much for socks? Our economy and our tax base depend on a well-funded system of efficient and safe roadways. We need good shoes.

The naysayers who are backing Proposition 6 on the upcoming November ballot are conveniently commingling all taxes into one incomprehensible stew they label as unnecessary and wasteful over taxation. Many taxes are indeed spent on things of questionable merit, but throwing last year’s 12 cent per gallon gas tax in the same stew is being done for political talking points to draw out conservative voters in November in an attempt to save house Republican seats, not because it is a particularly good example of over taxation. The attack on our state gas tax, which hasn’t been raised since 1994, was concocted in the D.C. swamp by establishment GOP politicians in hopes of maintaining control of the U.S. House of Representatives. Our roads probably look good enough when viewed from D.C. This November, please don’t undo something that is working to fix our dangerous roads because you are frustrated you pay too much for socks. Join me in voting “No” on Proposition 6. Our future economic prosperity and quality of life depend upon it.

Sincerely,

René Vercruyssen Knife River Construction GM/VP 4

California Asphalt Magazine • 2018 Environmental Issue

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Contents

JOURNAL OF THE CALIFORNIA ASPHALT PAVEMENT ASSOCIATION

Volume 22, Issue 4

4

Publisher’s Letter

8

What OSHA’s ruling for Crystalline Silica exposure means to you

12

Respirable Crystalline Silica Construction and general industry standards Page 12

14

Spotlight on the Pavement Preservation Center at CSU Chico

18

New signage requirements for Prop. 65 warnings to take effect Aug. 30

20

Keys to getting representative test results

24

Resiliency and sustainability—some of asphalt’s greatest (but lesser-known) benefits

28

Industry News

Page 14

On the Cover:

Photo illustration designed by Aldo Myftari of Construction Marketing Services.

Page 24

CALIFORNIA ASPHALT PAVEMENT ASSOCIATION www.calapa.net

HEADQUARTERS: P.O. Box 981300 • West Sacramento • CA 95798 (Mailing Address)

1550 Harbor Blvd., Suite 211 • West Sacramento • CA 95691 • (916) 791-5044 EXECUTIVE DIRECTOR: Russell W. Snyder, CAE, rsnyder@calapa.net TECHNICAL DIRECTOR: Brandon Milar, P.E., bmilar@calapa.net.

MEMBER SERVICES MANAGER: Sophie You, syou@calapa.net ADMINISTRATIVE ASSISTANT: Ritha Nhorn, rnhorn@calapa.net GUEST PUBLISHER: René Vercruyssen, Knife River Construction PUBLISHED BY: Construction Marketing Services, LLC • P.O. Box 892977 • Temecula • CA 92589

(909) 772-3121 • Fax (951) 225-9659 GRAPHIC DESIGN: Aldo Myftari CONTRIBUTING WRITERS: Russell W. Snyder, CalAPA; Bob Huddleston and Natalie Pless, Westward Environmental, Inc.,

Dan V. Ridolfi, PE MSCE, LASTRADA Partners, John Hickey, APA of Oregon ADVERTISING SALES: Kerry Hoover, CMS, (909) 772-3121 • Fax (951) 225-9659 Copyright © 2018 – All Rights Reserved. No portion of this publication may be reused in any form without prior permission of the California Asphalt Pavement Association. California Asphalt is the official publication of the California Asphalt Pavement Association.

This bimonthly magazine distributes to members of the California Asphalt Pavem­­ent Association; contractors; construction material producers; Federal, State and Local Government Officials; and others interested in ensuring that asphalt remains the high quality, high performance pavement choice in the state of California.

6

California Asphalt Magazine • 2018 Environmental Issue

WHAT OSHA’S RULING FOR

CRYSTALLINE SILICA

EXPOSURE MEANS TO YOU

By Bob Huddleston and Natalie Pless, Special to California Asphalt

O

SHA (the Occupational Safety and Health Administration) released its final rule for Crystalline Silica Exposure on March 25, 2016, began enforcing the standard for construction on Sept. 23, 2017, and will begin enforcing most provisions of the standard for general industry and maritime on June 23, 2018.

The rule, or rules, covers all possible situations where occupational exposure to respirable crystalline silica is possible. Crystalline silica is a common mineral, like sand, that may be found in asphalt, cement, brick, and stone. “Respirable” means it is very small, typically at least 100 times smaller than the average grain of sand found at a beach. Respirable crystalline silica can damage the lungs. When inhaled these tiny particles can venture into the lungs and deep to the alveoli which acts as a filter. The respirable crystalline silica particles cannot be filtered or forced out.

The lung tissue reacts by developing fibrotic nodules and scarring around the trapped silica particles. Over time, if the nodules and scar tissue in the lungs grow too large, breathing becomes difficult. This fibrotic condition of the lungs is called silicosis.

Employers in affected industries are required to comply with a new Permissible Exposure Limit (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air (50 µg/m3) over an eight-hour period TWA (time-weighted average).

This is one half of the old PEL. Employee exposure must not exceed the new PEL at any point and applies to three forms of crystalline silica; quartz; crystalline; and trydimite. Quartz is the most common form of crystalline silica found in both construction and general industry workplaces.

The new rule also creates an Action Level of 25 µg/m3 (Exposures that will not exceed 25 μg/ m3 averaged over an eight-hour day under any foreseeable conditions are excluded from the standard.)

OSHA now requires employers to assess the eight-hour TWA exposure for each employee who is or may reasonably be expected to be exposed

8

to respirable crystalline silica and ensure no employee is exposed above the Action Level. The exposure assessment can be accomplished by: The Performance Option - use a combination of air monitoring data or objective data (objective data would include air monitoring sampling/measurements conducted by the employer, obtained from sources such as other companies, manufacturers, universities, national databases, trade organizations, health organizations, etc… and would closely mirror the employee exposure conditions for a specific task, process, or activity) that sufficiently characterizes employee exposure to silica, or

1

2

The Scheduled Monitoring Option - conduct air monitoring according to a schedule OSHA established. a. If initial monitoring results indicate exposures are below the action level (25 μg/m3), no additional monitoring is necessary. b. If the monitoring results indicate exposures are above the action level, but below the PEL, additional monitoring would be required within six months. c. If the exposure monitoring indicates exposures above the PEL, additional monitoring must be repeated within three (3) months. (If exposure levels are determined to be above the PEL, then companies should immediately implement engineering controls to try and reduce the levels. If using such controls does not lower the levels below the PEL, then respirators must be worn.) d. If subsequent monitoring (not the initial monitoring) indicates exposures are below the action level, the employer must repeat the monitoring until two consecutive measurements (taken seven or more days apart) are below the action level. At that point, the employer can discontinue monitoring.

California Asphalt Magazine • 2018 Environmental Issue

A reassessment of exposures is required when there is a change in production, process, control equipment, personnel, or work practices that may result in new or additional exposures at or above the Action Level.

EMPLOYEE NOTIFICATION Employees must be notified in writing of the results of the air monitoring within five (5) working days, or the results posted in an area accessible to all affected employees. If the results show exposures above the PEL, the notification must include the steps that will be taken to reduce exposures. Employees or their designated representatives must also be provided the opportunity to observe any monitoring of employee exposures.

RESPIRATORY PROTECTION Respiratory protection is required for specific construction tasks (see: §1926.1153 - Table 1) or when the engineering controls, work practices specified in Table 1 are not fully and properly implemented. Additionally, respiratory protection is required in construction and general industry where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls; where exposures exceed the PEL during tasks such as certain maintenance and repair for which engineering and work practice controls are not feasible; and during tasks for which an employer has implemented all feasible engineering and work practice controls and is still unable to reduce exposures to or below the PEL. Employers whose employees are assigned respirators must develop and implement a written Respiratory Protection Program in accordance with 1910.134.

HOUSEKEEPING The standard prohibits dry sweeping or dry brushing where this could contribute to employee exposure to silica unless wet sweeping, HEPA-filtered vacuuming or other methods that reduce the likelihood of exposure are not feasible. The standard also prohibits the use of compressed air to clean clothing or surfaces where doing so could contribute to employee exposure to silica, unless the compressed air is used in conjunction with a ventilation system that can effectively capture any dust created or no alternative method is feasible.

WRITTEN EXPOSURE CONTROL PLAN The standard requires all employers covered by the standard to establish and implement a written Exposure Control Plan (ECP) that; contains a description of the tasks that involve exposure to silica; the engineering controls, work practices, and respiratory protection used to limit exposure to silica for each identified task; housekeeping measures used to limit exposure to silica; and procedures used to restrict access to work areas (when necessary) to minimize the number of employees exposed to silica and their level of exposure – including silica dust generated by others.

This section of the standard also requires the designation of a competent person to make frequent and regular inspections of the jobsite, materials, and equipment to implement the written ECP. The ECP must be reviewed and evaluated annually and updated as necessary. Finally, the ECP must be made available for examination and copying, upon request, to each employee covered by the standard, their representative, OSHA, and NIOSH. MEDICAL SURVEILLANCE The standard requires employers to offer medical surveillance, at no cost and at a reasonable time and place, for employees who will be required to wear a respirator for 30 or more days per year. The medical examination and required procedures must be per-formed by a physician or other licensed health care professional (PLHCP) as defined by the standard. The standard also requires periodic examinations by a PLHCP every three years or more if recommended by the PLHCP. TRAINING The standard requires employers to include silica in their Chemical Hazard Communication (HazCom) programs ensuring that each employee has access

California Asphalt Magazine • 2018 Environmental Issue

9

to labels on containers and Safety Data Sheets.

Employers are also required to train employees covered by the standard on health hazards associated with silica exposure, tasks/operations that could result in exposure to respirable silica, measures the employer has implemented to protect employees from exposure to silica, and the contents of the new standard. The training program must also include the identity of the competent person designated to implement the written ECP, and the purpose and description of the medical surveillance program. Employers are also required to make a copy of the new standard readily available to each covered employee at no cost.

LIMIT ACCESS The standard requires for general industry employers to establish, demarcate, and limit access to regulated areas (workplace areas where exposures to respirable crystalline silica are, or can reason-ably be expected to be, above the PEL).

Employers must post a sign at each entrance to regulated areas and provide respirators to those who must enter regulated areas.

RECORD KEEPING The standard requires employers to make and maintain accurate records of air monitoring data, objective data used for exposure assessments, and records pertaining to the medical surveillance requirements. These records must be kept for at least 30 years, and medical records must be kept for at least the duration of employment plus 30 years.

If you have any questions or concerns and are thinking about monitoring at your facility, please contact Natalie Pless, Westward Environmental, Inc. CA Article by Bob Huddleston and Natalie Pless of Westward Environmental, Inc., an environmental and engineering consulting firm. Reprinted with permission.

The Westward Environmental, Inc., website is: www.westwardenv.com

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California Asphalt Magazine • 2018 Environmental Issue

RESPIRABLE CRYSTALLINE

SILICA

Construction and General Industry Standards

By Bob Huddleston and Natalie Pless, Special to California Asphalt

I

n the main article in this issue of California Asphalt magazine, we discussed the basic overview of crystalline silica, new safety standards, which employees need to be sampled, sampling media, exposure controls, recordkeeping and medical evaluation. In this article we will examine which tasks require sampling according to the Occupational Safety and Health Administration’s (OSHA’s) standards for Construction, 29 CFR 1926, 1153, and General Industry, 29 CFR 1910.1053.

OSHA’s two new standards relating to respirable crystalline silica are, first, the new standard for construction which went into effect on Sept. 23, 2017. This standard applies to all occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below an action level of 25 ug/m3 on an 8-hour Time Weighted Average (TWA) under any foreseeable conditions.

Exposures to respirable crystalline silica occur when tools such as saws, drills, hammers, grinders, milling machines, etc., are used on concrete, brick, block, stone, mortar and other materials that contain crystalline silica. OSHA was scheduled to enforce provisions for General Industry and Maritime, the second set of new standards, on June 2, 2018. This standard applies to all occupational exposures to respirable crystalline silica, except for those in construction work, agricultural operations and from the processing of sorptive clays. In both construction and general industry, employers must ensure that their employees’ exposures to respirable crystalline silica do not exceed the Permissible Exposure Limit (PEL), which is 50 ug/m3. To do so, employers must assess the exposure for each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level 12

of 25 ug/m3. Employers can choose between two options for assessing exposures: The performance option, or the scheduled monitoring option.

To determine which employees need to be sampled in the construction industry one should first look at OSHA’s 29 CFR 1926.1153 Table One. If the employer fully and properly implements the engineering controls, work practices, and respiratory protection specified for the task in the table, they are not required to conduct exposure assessments or comply with a PEL for those employees.

(Employees engaged in the Table One Task means the equipment operator; helpers, laborers and other employees who are assisting with the task; or any other employee responsible for completing the task.)

The equipment and tasks listed in Table One include stationary masonry saws, handheld power saws for cutting fiber cement board, walk-behind saws, drivable saws, rig-mounted saws or drills, handheld and stand-mounted drills, dowel drilling rigs, vehicle-mounted drilling rigs for rock and concrete, jackhammers and handheld powered chipping tools, handheld grinders for uses other than mortar removal, walk-behind milling machines and floor grinders, small drivable milling machines, large drivable millings machines, crushing machines, heavy equipment and utility vehicles used to abrade or fracture silica-containing materials, and heavy equipment and utility vehicles used for tasks such as grading and excavating (not including demolishing, abrading, or fracturing silica containing materials).

The table also includes engineering and work practice control methods and required respiratory protection. Employers that conduct tasks not listed in Table One or do not fully and properly implement the engineering controls, work practices and

California Asphalt Magazine • 2018 Environmental Issue

respiratory protection described in Table One must follow the alternative exposure control methods approach.

The alternative exposure control methods approach involves assessing employee exposure to respirable crystalline silica and limiting exposure to the PEL using feasible engineering and work practice control methods, and respiratory protection when necessary. Employers can choose between two options for assessing exposures: The performance option requires the employer to assess the eighthour Time Weighted Average (TWA) exposure for each employee based on any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica. The scheduled monitoring option lets employers know when and how often they must perform exposure monitoring to mea-sure employee exposure. The scheduled monitoring option requires the employer to perform initial monitoring to assess the 8-hour TWA exposure for each employee based on one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area.

conditions. In other words, the task cannot be the employees every day, full-time work assignment.

For general industry, specifically, those that produce Hot Mix Asphalt, we recommend that companies assess the silica exposure of all plant employees including batchmen, front-end loader operators and associated work area employees (those working in the shop, office area, etc.). Experience would lead us to believe that Hot Mix Plant employees and associated work area expo-sure levels will be below OSHA’s Action Level for Respirable Silica. By performing the sampling, the facility will have met the requirement of OSHA’s Scheduled Monitoring Option and the facility would only need to resample “whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred.” CA Article by Bob Huddleston and Natalie Pless of Westward Environmental, Inc., an environmental and engineering consulting firm. Reprinted with permission.

The Westward Environmental, Inc., website is: www.westwardenv.com

The General Industry standard is similar to the Construction standard without Table One. Employers must assess the exposure of each employee who is or who may reasonably be expected to be exposed to free respirable crystalline silica at or above the action level of 25 μg/m3 in accordance with either the performance option or the scheduled monitoring option. Where several employees perform the same tasks on the same shift in the same work area, the employer may sample a representative fraction of these employees to meet the requirement. In representative sampling, the employer shall sample the employees who are expected to have the highest exposure to respirable crystalline silica.

Westward recommends for construction companies that have employees engaged in tasks listed in Table One, that the company implement the engineering and work practices controls and utilize the personal protection prescribe in Table One. We further recommend that all construction companies assess the silica exposure levels of employees involved in tasks not listed in Table One but that are performed in or near dusty areas. Companies in general industry can utilize Table One and the construction standard for compliance if a task, being performed at a general industry site, is indistinguishable from a task listed in the construction standards but the task can-not be performed regularly in the same environment and California Asphalt Magazine • 2018 Environmental Issue

Scott Taylor

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Susana Perez

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13

ON THE PAVEMENT PRESERVATION CENTER AT CSU CHICO

By Russell W. Snyder

W

ith protecting California's valuable pavement assets very much in the news these days, an institution dedicated to doing just that showed off its laboratory facilities recently to representatives from industry and agencies.

The California Pavement Preservation Center on the campus of California State University, Chico, was founded in 2006 to be a focal point for research into preserving pavements so that scarce transportation dollars go as far as possible. It is funded by the university, Caltrans and private donors.

Tony Tavares, Caltrans Chief of the Division of Maintenance, and Tim Gruetert, Chief of the Caltrans Office of Roadway Materials Testing, were among the attendees June 7 to get an update of the center's activities and plans for the future.

Tavares underscored the importance of the collaboration between his department, industry and academia to benefit from the latest knowledge and practical experience with regard to pavement and construction materials, and how research can help inform those discussions. "The goal is to find a resolution, and to keep things moving," he said.

CalAPA members in attendance included Sallie Houston with George Reed/VSS, Scott Metcalf with Ergon Asphalt & Emulsions and Scott Dmytrow with Telfer Pavement Technologies. Metcalf is co-chair of the CP2 patrons group, along with Rene Vercruyssen with CalAPA member Knife River.

DingXing Cheng, a professor of engineering at Chico State and the director of the CP2 Center, briefed the gathering on recent center activities and plans for future research. School of Engineering Dean Ricardo Jacquez also addressed the group.

Noting the connection between the classroom and the hands-on activities in the on-campus materials lab, Jacquez said, "When it is a real-world problem they are working on, it is a better learning environment.”

The connection between workforce development was also evident for industry and agency representatives are already actively recruiting the next generation of workers. CalAPA's strategic plan 14

CSU Chico representatives (from left): Kimberly Joslin, research assistant; DingXin Cheng, CSUC Professor, Christopher Jensen, laboratory assistant, and Brandon Fraser, technician.

includes a workforce development goal, and the association has sponsored numerous students, including from CSU Chico, to attend CalAPA conferences at no charge.

Lab Technician Brandon Fraser conducted the laboratory tour portion of the meeting, showcasing the binder testing equipment and various test methods and techniques developed at the center.

Overall, the visit won high praise from industry representatives.

“Telfer Pavement Technologies is proud to be a patron and sponsor of the CP2 Center,” Dmytrow said afterward. “The center is a great link between Industry and agency for the transfer of news and knowledge about pavement preservation issues.

The resources available at the center are free to all and up to date.”

Added Metcalf: “The goals and purpose of the CP2 Center align perfectly with the core goals of Ergon Asphalt & Emulsions—advancing the knowledge, technology and practice of pavement preservation. We strive to serve as a resource to municipalities, agencies and customers as they look for ways to improve their roads. And we need students who understand where the past, present and future of our infrastructure intersect.” [ Continued on page 16 ]

California Asphalt Magazine • 2018 Environmental Issue

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Dr. DingXin Cheng, CSU Chico; Tim Gruetert, Caltrans; Brandon Fraser, CSU Chico; Kimberly Joslin, CSU Chico; Christopher Jensen, CSU Chico; Scott Metcalf, Ergon Asphalt & Emulsion; Doug Mason, Caltrans; Marcella Wiebke, Caltrans; and Kuo-Wei Lee, Caltrans.

Brandon Fraser, far right, conducts the tour June 7 of the materials laboratory on the campus of California State University, Chico. DingXin Cheng, director of the CP2 Center, is second from the left.

[ Continued from page 14 ]

CSUC civil engineer student Kimberly Joslin, a senior from Tehachapi, Calif., has worked at the CP2 Center lab and hopes the experience will be the foundation for a career in the industry. She has found the center’s research on tire-derived aggregate very interesting.

“The Tire-Derived Aggregate applications have been one area that piqued my interest,” she said.

“The sustainable opportunities that this method provides is creative. The method not only is sustainable, but it provides the public with safety precautions that could potentially mean life or death. For example, the reduction in the splash effect results in a far better view for drivers in the rain.”

Christopher Jensen, another CP2 lab assistant and civil engineering major from Chester, Calif., intends to pursue a master’s degree in environmental engineering after he wraps up his undergraduate work at CSU Chico.

“Thus far, the most interesting thing that I have learned working for the CP2 Center would be the differing damaging effects that various weather types can have on both asphalt and concrete,” Jensen said.

For more information on the CP2 Center, visit the center's website at: https://www.csuchico. edu/cp2c/ . CP2 research will be highlighted at the CalAPA Fall Asphalt Pavement Conference & Equipment Expo, which is scheduled for Oct. 24-25 in Sacramento. Details on the conference program will be announced in an upcoming issue of Asphalt Insider. For Fall Conference exhibitor or sponsor information, contact Sophie you of CalAPA at (916) 791-5044. CA

Metcalf said the work of the CP2 Center has elevated the industry. “There are very few engineering schools that teach an entire course around flexible and rigid pavements,” he said. “Students learn how to maximize their pavement’s useful life and better understand what issues will reduce their roadway’s effective life. We need thinkers, problem-solvers and innovators. And students need this access to hands-on experiences—not just reading about it in a book.”

Vercruyssen, with Knife River Construction (an MDU Resources Company, says the CP2 center is essential to helping to maximize the return on investment to taxpayers for transportation dollars.

“Knife River Construction is a proud supporter of the California Pavement Preservation Center at CSU Chico,” Vercruyssen said. “The important research being conducted at CSUC is a valuable resource to Caltrans, counties and cities working to protect and extend the life of their most valuable physical assets: highways, streets and roads.

“Public road funding is expensive and the taxpayer deserves to know the roads built with hard earned tax dollars are maintained and preserved to the highest and most efficient standards available,” Vercruyssen added. “Our success depends on lowering the total life cycle cost of our system of roads. The duty to maintain and preserve roads to the highest and most efficient standards available can only be met when research specific to that goal is conducted by unbiased public universities. We can only expect the taxpayers to continue to fund our work if we dedicate ourselves to investing in our roads in the most prudent fashion possible. All the stakeholders lose if the public loses confidence in our ability to be the best stewards of their tax dollars. The CP2 Center at CSUC is the foundation to our ability to sustain our roadways at minimum cost to the traveling public.”

16

Russell W. Snyder, CAE, is executive director of the California Asphalt Pavement Association.

California Asphalt Magazine • 2018 Environmental Issue

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NEW SIGNAGE REQUIREMENTS FOR

PROP. 65 WARNINGS TO TAKE EFFECT AUG. 30

By Russell W. Snyder

Proposition 65, the state’s landmark toxic substance reporting law of 1986, mandates that California businesses warn employees and the public about potential exposures to substances deemed by the state to have the potential of causing cancer, birth defects or other reproductive harm. The state agency that oversees Proposition 65 has published new guidance for warning signs that must be posted to comply with the law.

The deadline to comply with the new signage requirements is Aug. 30, 2018. The asphalt pavement industry in California is subject to these new requirements.

The initiative, officially referred to as the Safe Drinking Water and Toxic Enforcement Act of 1986, is widely known by its ballot designation, Proposition 65. It requires the state to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list, which must be updated at least once a year, has grown to include about 900 substances. California companies are then expected to notify their employees, customers and the general public about potential exposures to these substances if they are a part of their processes or procedures. The extent of the 18

notifications is based on certain limits as specified in the measure.

The measure has also spawned the ubiquitous Proposition 65 warning signs that can be found throughout the state, from chemical factories to hospitals and brewpubs. The state Office of Environmental Health Hazard Assessment (OEHHA) is responsible for publishing the list of substances covered by Proposition 65. A description of OEHHA’s role, as well as a list of the various substances, can be found on the OEHHA website (http://oehha.ca.gov).

In addition to the identification and signage provisions, Proposition 65 contains a controversial provision that allows lawyers or groups to sue on behalf of those who are potentially victims of companies that are deemed to be violating the notification statute. To guard against these lawsuits, numerous industry entities, including the asphalt pavement industry, pooled their resources and participated in legal actions to further identify the limits of compliance for their industry and/or material.

Responding to what some would call a frivolous lawsuit, the asphalt pavements industry formed a Joint Defense Group that led to a court approved

“Settlement Agreement” that allowed participating companies to pay a fee to settle any future Proposition 65-related claims and to agree to specific signage and reporting requirements (Consumer Advocacy Group, Inc., et al. v. All American Asphalt, et al., Consent Judgment entered on April 27, 2005). For a copy of the original Settlement Agreement and related documents, contact the California Asphalt Pavement Association (CalAPA).

CalAPA continues to receive sporadic reports of letters being sent to member firms that were part of the Settlement Agreement reminding them of their obligations under the original lawsuit that spawned the Settlement Agreement.”

The attorney of record on behalf of the asphalt industry in California was Craig Moyer, Manatt, Phelps & Phillips, 11355 W. Olympic Blvd., Los Angeles, CA 90064-1614. His phone number is (310) 312-4353.

It should be noted that the Proposition 65 file has been closed by the Attorney General, CAG and Manatt. Additional work requested of the Manatt firm will likely be on a “fee” basis.

All CalAPA members should note that the provisions of Proposition 65 remain in place for everyone, regardless of

California Asphalt Magazine • 2018 Environmental Issue

your participation (or lack of) in the Settlement Agreement.

The effort that was undertaken by the association on behalf of the industry ultimately defined what an "acceptable" compliance program would look like for our industry concerning Proposition 65. If you joined the Settlement Agreement and comply with its conditions, you should meet the applicable warning requirements of Prop. 65 for the covered chemicals. Companies should check with their own legal counsel to determine how best to meet the provisions of Proposition 65 on an “on-going” basis and to check for matters that could fall outside of the scope of the settlement.

On Dec. 13, 2016, the State of California, Office of Administrative Law, approved the adoption of amendments to Article 6, Clear and Reasonable

Warnings, of the California Code of Regulations. Among other things, the amendments to the Regulations include changes in the method and content of warnings deemed to be compliant with the Proposition 65. The regulation will be operative on Aug. 30, 2018. The California Office of Environmental Health Hazard Assessment (OEHHA) has established a web page with guidance on the new requirements for warnings.

The Proposition 65 notification changes will call for warnings to be more visible, including the addition of a graphic element (a warning symbol that includes the color yellow), contain more specificity as to what substance a person may be exposed to, and providing a web address for an OEHHA web site which will have general information about listed chemicals

(www.P65Warnings.ca.gov).

There is also a non-English language provision. The new Regulations, however, further provide that “A person that is a party to a court-ordered settlement or final judgment establishing a warning method or content is deemed to be providing a ‘clear and reasonable’ warning for that exposure for purposes of this article, if the warning complies with the order or judgment.”

For more information, contact Russell W. Snyder of CalAPA at (916) 791-5044. CA Russell W. Snyder, CAE, is executive director of the California Asphalt Pavement Association.

317.271.6192

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KEYS TO GETTING REPRESENTATIVE TEST RESULTS

I

t is a regular necessity to send water quality, storm water, hot mix asphalt, aggregate, drilled cores and binder samples outside your organization for testing. Sometimes samples are sent to an outside lab to demonstrate environmental compliance, or to perform a test you cannot perform in-house like Hamburg wheel tracking.

Sometimes there is a contract dispute and testing needs to be performed by a third party. In any case, following a few best practices will save a lot of headaches and ensure the sample delivered represents the material produced.

Size Matters AASHTO, ASTM and Department of Transportation test methods all specify a minimum sample size. None of them set a limit on maximum sample size. The risk to a quality test result comes from very small samples, never too large a sample. The minimum sample size is a function of maximum aggregate size. The larger the maximum aggregate, the larger the minimum sample size. The theory behind minimum sample size is to reduce the influence of one or two larger aggregate particles on a test result.

Do not be afraid to gather large samples. Having a large amount of material ready for testing is always a good idea. Worker safety also needs to be considered in 20

By Dan V. Ridolfi, Special to California Asphalt

obtaining large samples. The size of the container should not be too heavy when filled, to reduce the risk of injury. Many companies limit container weight to 50 lbs. or less.

Check with your safety department for their recommended maximum container weight guidelines.

Blend Materials The recommendation to obtain large samples, while at the same time limiting container weight are competing recommendations.

To accomplish both, thoroughly blend materials after sampling and storing in their individual containers. The Quartermaster™ asphalt divider from the Gilson Company, Inc. is an excellent tool for blending larger amounts of materials (hot mix asphalt and aggregate) and then reducing them into sizes that are safe to handle. The device can be seen here https://www.globalgilson. com/gilson-quartermaster-asphaltsample-divider. Once thoroughly blended any container of material, is just as representative of the material produced as the next.

Sometimes combining and blending material, especially hot mix asphalt, can affect the sample.

One of the biggest dangers to maintaining a representative hot mix asphalt sample through blending and splitting is the influence of a release agent. It is required to spray splitting devices with a release agent to prevent material from sticking to the

device. Release agents should never be petroleum-based solvents like diesel and WD40.

Silicon or plant-based agents work best. They prevent adhesion while not absorbing the liquid binder on the surface aggregate.

The Asphalt Institute has published this article with recommendations about evaluating asphalt release agents that can be applied to a laboratory environment. http:// asphaltmagazine.com/tests-toevaluate-asphalt-release-agents/.

Cool and Dry Where and how samples are stored is a very important factor in ensuring the samples represent production. The energy and effort in labeling and storing samples should be commensurate with their importance. If a set of cores are going to be used for density acceptance, then they should be stored indoors in a cool environment. Prolonged exposure to heat is going to cause cores to break down a bit. Leaving cores in a box in the back of a pickup truck or inside a hot shipping container is the worst way to store a core, and the most common way cores are damaged before testing.

Hot mix asphalt samples are not as sensitive to heat as cores.

Storing these samples inside a shipping container is not uncommon and is done successfully. It is never a good idea however, to leave containers of hot mix asphalt samples

California Asphalt Magazine • 2018 Environmental Issue

exposed to the sun. Prolonged exposure to high heat and direct sunlight will affect sample properties.

Aggregate samples are tolerant to heat, but usually the bags they are stored in are not. Aggregates should be stored in a dry environment out of the sun. The most common way aggregate samples are damaged in storage is when their bags decay after exposure to sunlight. If aggregate samples are important, be sure to keep the bags out of the sun.

If they must be stored outside, a plastic bucket is a better choice for storing aggregate samples.

Be in Control When it is time to obtain a sample for testing, whether for your own testing purposes, quality assurance or for dispute resolution, you

should have a very good idea as to the properties of that material before sampling. Having a good statistically based quality control program is fundamentally important in today’s environment.

Without one, you are just guessing.

If you are sampling aggregates for hot mix asphalt design you need to know if that bag of aggregate that you have sampled, blended, and split for the lab is representative of the pile to be used in production. If you do not, you are setting the production targets values for gradation, VMA etc. on values that may not be repeatable. If the results are not repeatable, expect plant shutdowns and project delays.

Hot mix asphalt tests interrelate.

The high air voids typically correlate to low binder content.

On target gradation results

typically correlate to on target VMA. These are just two examples of many more interrelationships.

Before obtaining samples for volumetrics like VMA, VFA, etc. or for performance tests, develop a correlation between gradation and binder content and other quick turn around properties. Make small adjustments in production to maintain consistent quality material, so no matter when a sampling milestone is reached, the material will be of sufficient quality. CA Dan V. Ridolfi, P.E., MSCE, is a principal with LASTRADA Partners, which develops quality control programs for individual asphalt plants based in LASTRADA™ quality-control software to help plants reduce cost and improve quality. The company website is: www.lastradapartners.com

AUTOMATED SOLVENT EXTRACTION: DOT Evaluation of the infraTest Asphalt Analyzer, the newly approved ASTM test method for performing automated extractions on Recycled Asphalt Materials (RAP) acknowledges, “Advantages of the Asphalt Analyzer include reduced technician time needed to complete the extraction and provides significant exposure risk reduction to harmful solvents during the test.”

The Asphalt Analyzer process saved overall about 1.5 hours of staff time per extraction. During extraction the technician was free to perform other tasks. The unit dried the sample and at that point the sample was ready for gradation, absorption, and specific gravity testing. The Asphalt Analyzer procedure allowed for quick and accurate turnaround of test results.

Risk Assessment showed that the Asphalt Analyzer scored in the low risk range since the Asphalt Analyzer reduced the time and volume of solvent solution needed while running the test, providing further exposure risk reduction. It is concluded that the machine can provide superior risk controls, leading to improved health, safety and efficiency conditions.”

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California Asphalt Magazine • 2018 Environmental Issue

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California Asphalt Magazine • 2018 Environmental Issue

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RESILIENCY AND SUSTAINABILITY Resiliency and sustainability—some of asphalt’s greatest (but lesser-known) benefits

By John Hickey, Special to California Asphalt

There are plenty of reasons agencies and contractors choose to pave with asphalt—from lower lifecycle costs, to greater opportunity for minimally-invasive rehabilitation, to faster opening to the driving public. Resiliency and sustainability are two more reasons asphalt should be your pavement of choice.

Resiliency When we use the word resiliency, we’re referring to a community’s ability to recover from natural disasters such as hurricanes, floods, landslides, fires or earthquakes.

Roads that are damaged by such disasters severely limit response and recovery efforts.

In considering road construction options that promote resiliency, asphalt pavement is the clear winner. It is the fastest application for road construction and repair, allowing miles of surface to be constructed in a single shift, and roadways to be opened to traffic immediately in most cases. In addition, many asphalt plants are portable so they can be situated near the construction site and be fully operational within a 24-hour period. Asphalt is also less rigid than other construction options like concrete, resulting in greater flexibility and more resistance to cracking when disasters do occur.

Asphalt proved its benefits in response to severe damage caused by catastrophic flooding in Colorado in 2013. Seventeen inches of rain in just a few days wiped out entire sections of roadway and cut off communities like the Town of Estes Park from 24

This canyon road linking Boulder and the town of Nederland was washed out in places during the 2013 flood. More than 200 miles of state highways and at least 50 bridges were damaged or destroyed. (AP Photo/Brennan Linsley)

critical resources. The Colorado Department of Transportation quickly partnered with paving contractors who immediately hauled in rock crushing equipment and set up asphalt plants. The pavers worked non-stop to get the roads to the mountain communities open before winter.

“Obviously, asphalt is the fastest response method,” Tom Clayton of the Colorado Asphalt Pavement Association said. “It lets you get in there and get the roads built, as people were cut off in their homes.

People live up and down the canyons, and after the roads were cut off, they were either stranded in their house if they were lucky to be high enough, or they couldn’t get back to their houses after they evacuated. The governments wanted to provide access as soon as possible, and trying to do that

with any other pavement but asphalt would not have worked.”

Closer to home, Oregon coastal communities deal with road failures caused by shifting earth on a regular basis. Just last summer a culvert failure under Highway 101 south of Wheeler caused a large sinkhole right before the Fourth of July. ODOT was forced to close the highway.

Within 2-1/2 days and in time for the holiday weekend, Bayview Transit Mix of Astoria was able to repair the culvert (which was 20 feet below grade), place base rock, pave the surface, and open the Highway.

Even if a disaster prevents making asphalt locally, research conducted at Mississippi State University for the Department of Homeland Security has shown

California Asphalt Magazine • 2018 Environmental Issue

that warm-mix asphalt mixtures can be made several hours away and trucked to the disaster zone to successfully rebuild pavements.

the number of irregularities like cracks, potholes and bumps in the pavement–has the greatest cost impact.

Sustainability When we think about sustainability as it relates to asphalt, it’s usually about asphalt’s ability to be constructed using recycled materials, and for the asphalt pavement itself to be rehabilitated or recycled. There are sustainability features related to warm mix asphalt pavement and porous asphalt pavement structures as well. But these are not the only ways asphalt contributes to sustainability.

A 2012 report from the National Cooperative Highway Research Program (NCHRP Report 720) estimates that fuel efficiency can drop as much as 2 to 6 percent for rough pavements. Similarly, rough pavements can increase tire wear by 5 percent, and repair and maintenance costs by 70 percent, for a total net vehicle operating cost increase of 22 percent with all factors considered.

The condition of a road significantly impacts vehicle maintenance and fuel costs. Rolling resistance, which considers stiffness, surface texture and smoothness of the road, influences these costs. Of these traits, smoothness–measured by

Smoother pavements provide cost benefits for the agency responsible for the structure as well. Studies show that improving pavement smoothness (and thereby reducing wheel bounce on the pavement structure) by 25 percent can increase a pavement’s longevity by almost 10 percent.

Asphalt pavement is the smoothest option because it is placed continuously without the need for expansion joints, and surface overlays or inlays quickly restore smoothness in older pavements and provide like-new conditions, which are benefits that most other preservation treatments can’t provide.

In summary Asphalt provides many advantages over other materials. Resiliency and sustainability are just two more examples of how asphalt provides greater benefit for the agency, taxpayer and driving public. CA John Hickey is the executive director of the Asphalt Pavement Association of Oregon. This article was adopted from the Spring 2018 edition of the APAO newsletter, “Centerline.” Reprinted with permission.

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California Asphalt Magazine • 2018 Environmental Issue

California Asphalt Magazine • 2018 Environmental Issue

27

INDUSTRY NEWS Well-wishers salute noted industry expert Jack Van Kirk on the occasion of his retirement A few of the tales grew a bit taller in the re-telling, but there was no disputing the many contributions made over the years by Jack Van Kirk during his illustrious career at Caltrans and later at George Reed Inc./Basic Resources.

Family, friends, colleagues and well-wishers gathered June 22 in West Sacramento to mark the retirement of Van Kirk, a materials engineer without peer whose career touched so many across California, the nation and even internationally.

His incredible work ethic and encyclopedic knowledge about asphalt pavements, mix design, construction and test methods were, of course, well-known to everyone in the room. But perhaps less well-known were a few of his quirky travel habits, penchant for accumulating research papers that would make the state fire marshal take notice, and other endearing traits that were woven into the luncheon testimonials at a West Sacramento restaurant.

Sri Balasubramanian, former chief of the Caltrans Office of Asphalt Pavements, paid tribute to Van Kirk's vast knowledge and passion for improvement and integrity, and stated that Van Kirk unquestionably made Caltrans and the construction industry better.

Jeff Reed, president and CEO of George Reed / Basic Resources, joked that Van Kirk worked so closely with the state transportation department that it was almost as if he never left.

Numerous others noted how they were mentored by Van Kirk over the years and are richer for 28

the experience. His family also expressed appreciation to those in the room for giving them a greater appreciation of Van Kirk's respected standing in the industry.

A registered civil engineer in California, Van Kirk served as the Director for Asphalt Technology for George Reed / Basic Resources Inc. for 20 years, providing internal consulting regarding materials engineering for the Reed Group of companies. Prior to joining Basic Resources, Van Kirk worked for Caltrans for almost 20 years. He was the departmental expert in the area of flexible pavement. Van Kirk has authored many papers, research reports, specifications and test methods in the area of Materials Engineering. He has also made numerous presentations on related subjects across the United States and in other countries. He was instrumental in bringing the first Heavy Vehicle Simulator to California from South Africa to test the durability

Jack Van Kirk poses next to a Heavy Vehicle Simulator at the University of California Pavement Research Center in Davis, Calif.

Van Kirk was instrumental in bringing the first HVS to California from South Africa.

of pavements, and the hulking machine remains in service to this day at the University of California Pavement Research Center.

He is a longtime participant in the Caltrans-industry Pavement & Materials Partnering Committee (formerly called the Rock Product Committee), where he most recently served as co-chair of the Asphalt Task Group, as well as serving on numerous other technical committees, including the CalAPA Technical Advisory Committee. His technical presentations at CalAPA conferences have ranked among the highest-rated ever by conference attendees. He will be inducted into the association's "Hall of Fame" at the CalAPA Annual Meeting & Dinner to be held in Jan. 10, 2019 at the Jonathan Club in Los Angeles.

California Asphalt Magazine • 2018 Environmental Issue

Sri Balasubramanian, former chief, Caltrans office of Asphalt Pavement, speaks at Jack Van Kirk’s retirement luncheon.

When it was his turn to speak at his retirement luncheon, Van Kirk noted wryly, "I didn't remember these stories quite the same as they were told." He offered heart-

Jack Van Kirk was given some rebuttal time at the end of his retirement luncheon June 22 in West Sacramento.

felt thanks to those in attendance, as well as his family, friends, colleagues and others who have guided and supported him over his long and storied career.

Jack Van Kirk, right, with co-worker Sallie Houston with George Reed Inc./Basic Resources.

To view more photos from the luncheon, visit CalAPA's Facebook page. CA

Longtime environmental manager Zacks retires Steve Zacks, an environmental manager and longtime participant in the CalAPA Environmental Committee, recently retired from CalAPA member Lehigh Hanson.

“When asked what I did for a living, I am proud to say I was in the building materials industry,” Zacks said recently. “I greatly appreciated the work performed by the Environmental Committee and how it helped me and others in dealing with environmental regulations for our industry.”

Zachs graduated from California State University, Northridge, in 1977 with a Bachelor of Science degree in Geology. He worked 13 years, from 1977-1990, as a planner for a civil engineer preparing Environmental Impact Reports and handling permitting for residential, commercial, and industrial projects.

He joined the building materials industry in 1990 and worked more

Steve Zacks recently retired from CalAPA member company Lehigh Hanson.

than 27 years as an Environmental Manager until retiring from Lehigh Hanson in January of 2018.

Zacks has lived in Oxnard since 1981, been married 40 years,

California Asphalt Magazine • 2018 Environmental Issue

and has three children and four grandchildren. He reports that retirement has been great, with “lots of traveling, hiking, and seeing the grandkids.”

Joe King in Sespe Consulting’s Ventura office worked closely with Zacks and offered the following: “Steve was a tireless worker who was extremely knowledgeable in environmental issues. His thorough reviews of requirements and issues and his attention to detail made him an invaluable asset to the companies he worked for.”

Tina Lau, Area Environmental Manager for Lehigh Hanson West Region, said Zacks will be missed. “Steve is an extremely knowledgeable and dedicated environmental professional. His commitment and thoroughness when tackling a project was inspiring!” CA 29

Andeavor....................................................... 3

Matich Corporation.................................... 22

Bomag America............................................ 7

Nixon-Egli Equipment Co........... Back Cover

Butler-Justice............................................. 30

Papé Machinery.......................................... 27

Clairemont Equipment.............................. 26

Pavement Recycling Systems................... 20

Coastline Equipment.................................... 7

Peterson CAT................................................ 2

Diversified Asphalt Products.....................15

Quinn Co........................................................ 2

E.D. Etnyre & Co......................................... 31

RDO Equipment Co...................................... 5

Hawthorne CAT............................................ 2

Roadtec........................................................ 11

Herrmann Equipment................................ 23

Scott Equipment......................................... 25

Holt of California........................................... 2

Sitech NorCal.............................................. 26

InfraTest - USA.............................................21

Taylor Environmental Services, Inc...........13

Keystone Engineering........................19 & 22

Volvo Construction Equipment & Svcs.....17

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California Asphalt Magazine • 2018 Environmental Issue

CALENDAR UPDATE GOLF TOURNAMENT Date: September 20, 2018 Industry Hills Golf Club at Pacific Palms Resort 1 Industry Hills Parkway City of Industry

FALL CONFERENCE Date: October 24 & 25, 2018 Doubletree Hotel 2001 Point West Way Sacramento

ANNUAL DINNER Date: January 10, 2019 Jonathan Club 545 S. Figueroa St. Los Angeles Meeting dates are subject to change.

Watch the weekly Asphalt Insider newsletter for meeting updates or call CalAPA at (916) 791-5044 to confirm meeting date and location.

California Asphalt Magazine • 2018 Environmental Issue

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