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Active rulemaking is underway to update Title 30 of the Texas Administrative Code (30 TAC) Chapter 342 - Regulation of Certain Aggregate Production Operations. Consistent with House Bill (HB) 2582, 2017, which amended the Texas Water Code (TWC) Chapter 28A, new exemption criteria is proposed to be added to the 30 TAC Chapter 342 list of existing exemptions in the definition of an aggregate production operation (APO).

Sites that meet the exemption criteria will no longer be required to register as an APO or pay the registration fee. However, the site may still be subject to other air, water, and waste regulations and permitting.

The exemption applies to sites with an exposed horizon less than five (5) acres that extract specialty or terrazzo-type stone that is produced for commercial sale and used exclusively for decorative or artistic uses.

There are currently nearly 1,000 sites in Texas with active APO registrations, and less than 10% of those sites have less than five acres of exposed horizon.

In addition to providing exemptions from registration requirements, the proposed rulemaking intends to reduce the regulatory burden on existing APO registrants by including language that allows responsible parties to deactivate an existing APO registration by allowing it to expire rather than submitting a cancellation form.

The comment period for the proposed rulemaking closed at the end of January, and anticipated dates of the proposal rulemaking schedule are provided below:

  • Anticipated adoption date: May 22, 2019
  • Anticipated effective date: June 13, 2019

Please contact Elizabeth McGurk at (512) 349-5800 ext. 1005 if you require assistance with your APO registrations or if you have any other questions.