Question 1

What are APOs?

Accepted Answer

Narrowly defined, Aggregate Production Operations (APOs) are places where aggregates—sand, gravel, and stone—are mined and quarried. However, the term is often applied more broadly to include places where aggregates are used, processed, or stored.

Common APOs include:
Concrete Batch Plants (CBPs): Facilities where concrete is mixed from cement, water, and aggregates (sand, gravel, or crushed stone) in specified proportions before being transported to construction sites.
Hot Mix Asphalt Plants: Facilities that produce asphalt paving materials by heating and mixing asphalt cement with aggregates like sand, gravel, and crushed stone.
Wet and Dry Sand Mining: Operations that extract sand from open pits or underwater deposits, with "wet" referring to underwater or water-saturated deposits, and "dry" referring to sand mined from dry land.
Cut Stone Mining: The extraction of natural stone blocks from quarries for use in construction, monuments, and architectural features.
Crushed Stone, Mined Stone, Sand and Gravel, and Aggregate Mining: The extraction and processing of raw materials like stone and gravel from the earth, used in construction and various industrial applications.
Open-Pit Aggregate Mining and Associated Crushing, Processing, Material Handling, and Transport Facilities: Large-scale surface mining operations where materials like stone, gravel, and sand are extracted from open pits, then processed, handled, and transported for use in construction.
Bulk Material Handling Facilities for Concrete: Facilities that manage the storage, handling, and transport of bulk materials like cement, sand, and aggregates used in concrete production.
Concrete Processing and Precast Plants: Facilities that process raw materials to produce concrete and create precast concrete products, such as beams, panels, and blocks, for construction projects.

Question 2

What benefits does the aggregates industry provide to Texas?

Accepted Answer

The aggregates industry provides jobs as well as necessary materials for the construction of roads and buildings.

Question 3

What are the negative impacts of APO operations?

Accepted Answer

Texas' aggregates industry has significant negative impacts on the health, safety, property rights, property values, natural resources, and long-term viability of Texas communities. Visit our Key Issues page for more information.

Question 4

How quickly is the aggregates industry growing?

Accepted Answer

Since 2012, the number of APOs in Texas has increased by 1,690%. Many of these aggregate production facilities are located in Central Texas—in some of the nation’s fastest growing counties—but the industry is growing in many parts of the state. As communities and neighborhoods grow around them, an industry that had largely operated out of sight in deeply rural areas is confronting opposition forces that argue their increase has outpaced state oversight.

Question 5

What permits do APOs need to operate?

Accepted Answer

Air Quality Permits:
The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for issuing air quality permits to the aggregates and concrete industry. These permits include:

Standard Permit for Rock Crushers: Rock crushers, which are often used in aggregate production operations (APOs) to crush and process stone or rock, may be eligible for a standard permit under certain conditions. Standard permits streamline the permitting process for rock crushers that meet specific criteria, such as size, emissions limits, and operating conditions
Standard Permit for Concrete Batch Plants: Concrete batch plants (CBPs), which mix and process concrete ingredients such as sand, gravel, cement, and water, are subject to air quality regulations and may require a standard permit from TCEQ. The standard permit for CBPs includes emissions limits and operating conditions to minimize air pollution.
General Operating Permit for Aggregate Facilities: TCEQ offers a general operating permit for aggregate facilities that meet specific eligibility criteria. This permit streamlines the permitting process for aggregate operations by providing standardized requirements for emissions, monitoring, and reporting.
New Source Review (NSR) Permit is a regulatory requirement under the federal Clean Air Act for certain types of new construction or modifications to existing facilities that have the potential to emit significant amounts of air pollutants.
Minor NSR Permit is designed to address emissions from smaller sources or modifications that may not meet the criteria for a full NSR permit.
Title V Operating Permit is required for aggregate operations that are considered major sources of air pollution. Title V permits consolidate all applicable federal, state, and local air quality requirements into a single permit.

Water-related permits and plans
The TCEQ also requires APOs to submit plans or apply for permits to reduce water contamination. These permits include:

Stormwater Pollution Prevention Plan (SWPPP): While not a permit itself, a SWPPP is a comprehensive plan required by TCEQ to identify potential sources of stormwater pollution at a site and outline measures to prevent or minimize the discharge of pollutants into stormwater runoff. Aggregate production operators must develop and implement SWPPPs as part of their environmental management practices.
Stormwater Discharge Permit (TPDES): Aggregate production operations that discharge stormwater from their facilities into surface waters or municipal separate storm sewer systems may need to obtain a Texas Pollution Discharge Elimination System (TPDES) stormwater discharge permit from TCEQ. These permits typically require operators to implement best management practices (BMPs) to prevent or minimize pollutants from entering water bodies.
Water Pollution Abatement Plans (WPAPs): These permits, known as Water Pollution Abatement Plans (WPAPs), outline specific best management practices (BMPs) to prevent contamination of groundwater resources. Aggregate production operations located over the environmentally sensitive Edwards Aquifer Recharge Zone (EARZ) may be required to obtain additional permits from TCEQ to protect water quality in this critical aquifer. 
Water Rights Permit: Aggregate production operations that withdraw water from surface water or groundwater sources for use in their operations may need to obtain a water rights permit from TCEQ. Water rights permits regulate the appropriation and use of water resources to ensure sustainable water management and protect the rights of other water users.
Aquifer Protection Permit (APP): Aggregate production operations that store, handle, or dispose of hazardous substances or waste materials may need to obtain an Aquifer Protection Permit (APP) from TCEQ. These permits are designed to protect groundwater quality and prevent contamination of aquifers by regulating activities that pose a risk to water resources.

Question 6

What does the State of Texas do today to address the negative impacts of APOs?

Accepted Answer

The Texas Commission on Environmental Quality (TCEQ) is the state agency responsible for regulating Aggregate Production Operations (APOs). The primary regulatory measures include:

Air Quality Permits: TCEQ issues air quality permits to APOs, setting emission limits and monitoring requirements for pollutants released into the air. However, these permits often do not account for the cumulative impacts of multiple APOs operating in the same area.
Stormwater Pollution Prevention Plans (SWPPPs): APOs are required to develop and implement SWPPPs to manage stormwater runoff and minimize pollution. Despite this, these plans may lack stringency and fail to comprehensively address broader water-related impacts beyond surface water pollution.
Regulatory Oversight and Enforcement: TCEQ's regulatory oversight and enforcement efforts face challenges due to limited resources and staffing constraints. This can result in enforcement gaps and non-compliance with permit conditions. From 2009 to 2019, TCEQ received 1,220 air quality permit applications for APOs, approving 1,143, denying 5, and seeing 72 withdrawn.
Public Participation: While public participation in the permitting process is encouraged, there is a need for more meaningful engagement and transparency to ensure that affected communities have a voice in decision-making processes.
Truck and Driver Safety: The industry’s impact on truck and driver safety is a significant concern. Heavy truck traffic associated with APOs can lead to road safety issues, increased emissions, dust generation, and damage to public infrastructure. Effective regulation and monitoring of truck operations and driver safety are crucial to mitigating these impacts.

Despite these efforts, there are concerns about the limited scope of current regulations, as they often overlook broader environmental and public health implications. Enhanced regulatory measures and increased resources for TCEQ could improve the effectiveness of addressing the negative impacts of APOs in Texas.

Question 7

What are other states doing to address the negative impacts of APOs?

Accepted Answer

Forty-three states (see map below), representing 82% of the nation’s aggregate industry activity, have adopted comprehensive regulations, like the federal Surface Mining Control and Reclamation Act (SMCRA).

These regulations generally call for:
Environmental Impact Assessments (EIAs)
Mine plans
Reclamations and bonding
Water use planning
Road use/infrastructure planning.

The APOs in states with comprehensive regulation continue to be profitable.

Question 8

Are the same companies operating in Texas operating successfully in other states?

Accepted Answer

Yes, there are at least eight major APOs operating in Texas that also operate successfully in other states with comprehensive regulations, including Martin Marietta, Vulcan, Anderson Columbia, CEMEX, and others.

Question 9

Have the regulations in other states been effective?

Accepted Answer

Yes. Environmental and Reclamation Costs are relatively small.  A large APO adds a little over 3% to its operating cost, whereas a small APO adds just under 6%.  There are also remarkable reclamation successes across the country in states as diverse as Kansas, Colorado, Maryland, and Washington.  There have even been some successful reclamations here in Texas when private enterprises bought the property and turned it into golf courses, amusement parks and shopping centers.

Question 10

What would the Texas Legislature need to do to bring Texas up to speed with other states?

Accepted Answer

To align Texas with other states in terms of responsible aggregate mining, the Texas Legislature could implement several key measures inspired by the comprehensive regulations in the Surface Mining Control and Reclamation Act (SMCRA). These include:

Air Quality Management: Implement air particulate monitoring and dispersion modeling for the entire mining operation, considering nearby existing Aggregate Production Operation (APO) emissions.
Water Use Planning: Assess and address water consumption, availability, and the cumulative effects of large APO water use on regional supplies. This includes safeguarding water quality in aquifers, rivers, and wetlands, and mitigating silting and flooding issues.
Infrastructure Impact Management: Manage the impact of heavy truck loads on public infrastructure, including limited capacity roads. This involves regulating truck emissions, dust generation, and ensuring truck safety.
Environmental Impact Assessments (EIAs): Require thorough EIAs, detailed mine plans, reclamation strategies, and bonding to ensure financial responsibility for reclamation.
Tailings Pond Regulation: Ensure APO tailings ponds, especially in sand and aggregate mines, are designed for containment during normal operations and storm events.
Nuisance Resolution: Limit quarry noise, light pollution, odor trespass, and visual blight to minimize impacts on surrounding properties.

By adopting these measures, Texas can ensure more responsible aggregate mining practices, protecting public health and the environment while supporting sustainable development.

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