Dirt, Sand, and Rock Quarries and Aggregate Processing Plants: Compliance Resources

APO Registration

A new state law, House Bill 571, requires certain aggregate production operations to register with the TCEQ. Aggregates are materials used in construction, including sand, gravel, crushed and broken limestone, crushed and broken granite, dirt, soil, or caliche. The TCEQ adopted new rules implementing HB 571 on June 13, 2012; you can find these new rules in 30 Texas Administrative Code, Chapter 342. Exemptions from this rulemaking can be found in Chapter 342.1(1)(E).

The new rules require commercial APOs to:

• register with the TCEQ beginning Sept. 1, 2012 (with a deadline of Oct. 30, 2012), and renew registration annually;
• pay registration fees; and
• undergo inspection every three years.

For additional information on registering your operation, visit the APO registration website.

APOs that submit a Notice of Audit to conduct a self-audit under the Texas Environmental, Health, and Safety Audit Privilege Act (Audit Act) with their initial registration may delay their inspection requirements until Sept. 1, 2015.

Under the Audit Act, certain documents and information gathered as part of an environmental self audit are privileged from disclosure. The Audit Act also grants certain immunities from administrative or civil penalties for violations voluntarily disclosed and corrected within a reasonable amount of time. For more information, please see Guidance on the Texas Environmental, Health, and Safety Audit Privilege Act (RG-173).

Notice of Audit Letter—Here is an example letter that you may follow to notify the TCEQ of a scheduled audit.

Notice of Audit Letters should be submitted to:

Mr. Ramiro A. Garcia, Jr., Deputy Director
Office of Compliance & Enforcement, MC 172
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087

Air

• Rock and Concrete Crushers—If your facility includes a rock or concrete crusher, you must register it under one of these standard permits:
• Temporary Rock and Concrete Crushers
• Permanent Rock and Concrete Crushers
• Industry Specific Permits by Rule for APOs
• Other New Source Review Authorizations

Water

• Industrial Multi-Sector General Permit–Aggregate operations with the following industrial activities on-site are regulated under the MSGP (or individual industrial permit) regardless of primary SIC code. These operations are subject to federal categorical guidelines in 40 CFR Subchapter N Part 436 because of the unique discharges associated with these activities.
  • Sector J: Mineral Mining and Processing Facilities
    • 1422 Crushed and Broken Limestone
    • 1423 Crushed and Broken Granite
    • 1429 Crushed and Broken Stone, Not Elsewhere Classified
    • 1442 Construction Sand and Gravel Mining
    • 1446 Industrial Sand Mining
• Industrial Wastewater Regulations
• Discharges from Quarries in the John Graves Scenic Riverway, Am I Regulated?–If you operate a quarry in the John Graves Scenic Riverway you may be regulated under 30 TAC Chapter 311, Subchapter H.
• Water: What Is My Source?

Waste

• What to do with Used Oil, Batteries, Antifreeze, or Used and/or Scrap Tires

• Requirements for Used and Scrap Tire Generators (RG513)

• Industrial and Hazardous Waste Rules and Regulations for Small-Quantity Generators (RG-234)
• Classification and Coding of Industrial and Hazardous Waste (RG-022)–Assists generators of industrial and hazardous waste in meeting the requirements of self-waste classification.
• Waste Designation Decision Matrix
• Nonhazardous Industrial Waste Storage, Treatment, or Disposal: Am I Regulated?
• Petroleum Storage Tanks Registrations: Am I Regulated?
• Aboveground Petroleum Storage Tanks–If your tank system is located in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, or Williamson County, additional requirements to protect the Edwards or the Trinity Aquifer may apply (Title 30, Texas Administrative Code [30 TAC], Chapters 213 and 214).

Compliance Overview Tools

• Aggregate Production Operations Stakeholders Group (APOSG)–The APOSG is a voluntary group of participants who meet when necessary to give advice and direction for issues on aggregate production operations.
• Aggregate Production Operations Checklist
• Delinquent Fees
• Your business could be eligible for a free environmental compliance assessment. For more information, visit our Compliance Commitment (C2) Site Visit Program website.
• PST Super Guide: A Comprehensive Guide to Compliance in Texas

Where can I find more information and assistance?

The TCEQ's Small Business and Local Government Assistance Section offers free, confidential help to small businesses and local governments working to comply with state environmental regulations. Call us at 800-447-2827 or visit our Web page at TexasEnviroHelp.org.