TCEQ commissioners have approved publication of the proposed rule for the Aggregate Production Operation (APO) Registration Program. The proposed rulemaking amends 30 Texas Administrative Code Chapter 342 (Regulation of Certain Aggregate Production Operations) and implements House Bill 907 from the 86th Texas Legislature, 2019 regular session. The public comment period will be from February 28 through March 30, 2020. Comments may be submitted electronically beginning February 28, 2020. A public rule hearing is scheduled for 2:00 p.m. on March 24, 2020, at TCEQ’s Central Office, located at 12100 Park 35 Circle, Austin, TX 78753, in Building E, Conference Room 201S.
TCEQ summary of proposed rule:
- Increases the frequency of investigations at APOs to every two years during the first six years of operation, and at a least once every three years thereafter;
- Allows for unannounced investigations at APOs that have received notices of violation (NOVs) during the preceding three-year period;
- Requires investigations to be conducted by one or more properly trained investigators under the jurisdiction of TCEQ that are applicable to active APOs;
- Increases the maximum annual registration fee for APOs from $1,000 to $1,500;
- Increases the maximum penalty assessed for an unregistered APO from $10,000 to $20,000 for each year it operates without registration; and
- Increases the maximum total penalty assessed to an APO that has operated three or more years without being registered from $25,000 to $40,000.