TRAM Pans TCEQ’s Mining BMPs, Proposes Improvements
1/14/25 – Texans for Responsible Aggregate Mining (TRAM) has issued a position paper that pans a new set of Best Management Practices (BMPs) for mining that the Texas Commission on Environmental Quality (TCEQ) has proposed. TRAM calls TCEQ’s BMPs “sparse,” “vague,” and “self-evident.”
TRAM asks everyone concerned about flooding and other issues related to aggregate mining to write the TCEQ before the close of public comments on the new BMPs. The deadline is January 24, 2025.
TRAM has also proposed a more comprehensive list of alternative BMPs that it believes will be more effective at minimizing disturbances created by mining.
TCEQ BMPs Fail to Address Legislature’s Requirements
Senate Bill 1 in the 2021 Legislative Session required TCEQ “to adopt and make accessible on the commission’s internet website best management practices for aggregate production operations regarding nuisance issues relating to dust, noise, and light…” But the BMPs ignore noise and light.
SB 1397 and House Bill (HB) 1505 in the 2023 Legislative Session then required TCEQ to adopt BMPs related to dust, water use, and water storage. But the proposed BMPs ignore water use.
TCEQ also ignored Texans for Responsible Aggregate Mining’s (TRAM’s) technical team of credentialed professionals. TRAM created a vetted list of BMPs and presented it to the TCEQ for consideration. Instead of drawing from that resource…
“TCEQ spent three years (September 2021 to December 2024) to produce BMPs so sparse, vague, and self-evident, as to be completely irrelevant and useless.”
TRAM
Description of TRAM Concerns
According to TRAM, TCEQ’s draft BMPs weaken TCEQ’s effort to protect public health and natural resources by “pretending to establish new guidelines while actually saying nothing. It is a disservice to taxpayers and to the environment.”
Sparse
In regard to sparse, TRAM says, “The proposed BMP list fails to address many of the real issues associated with APOs, including issues they were directly charged with addressing.”
“While they addressed dust and water storage (albeit inadequately) the TCEQ completely overlooked the “water use” portion of their 2023 charge.” And they still haven’t addressed noise and light pollution from 2021.
“TCEQ has simply failed to comply with their mandates,” says TRAM.
Vague
TRAM also feels that the TCEQ recommendations are “too vague to be useful.” For instance, “Ensure vehicles are driven at reasonable speeds to reduce dust disturbance.” TRAM suggests posting speed limits of 10 or 15 mph for unpaved haul roads. The group believes that the value of a BMP list is in detailing what a “reasonable speed” ought to be.
TRAM gave another example of vagueness. TCEQ proposed “Use fuel-efficient and appropriately-sized equipment to reduce emissions, operation time, and the overall amount of dust you produce.” TRAM questioned what “appropriately sized” meant.
“How is anyone to assess when a BMP is being implemented,” TRAM asked, “if they are described in completely subjective terms like ‘reasonable’ and ‘appropriate’?”
Self-Evident
TRAM also cited TCEQ recommendations that were self-evident. For instance, “Be sure your stockpiles are only as high as your permit allows,” or “The further dust-producing operations are from the site boundaries, the less likely they will be to create a nuisance for any neighbors.”
“Who benefits from these self-evident recommendations and simple reminders to follow the permit requirements?” asked TRAM.
“Completely Inadequate”
TRAM summed up its concerns in two words. “This completely inadequate draft BMP list, three years in the making, only weakens TCEQ’s effort to protect public health and natural resources by pretending to establish new guidelines while actually saying nothing. It is a disservice to taxpayers and to the environment.”
Whatever BMPs TCEQ ultimately settles on, they will neither be required nor incentivized. Still, TRAM believes it is paramount that the list be thorough and well vetted. That’s because, “It will serve to educate the public about what quarry operators could be doing to be good neighbors.”
Send Feedback to TCEQ Now
TRAM and its member organizations ask that you submit public comments to TCEQ at the address or website provided below by the January 24th deadline.
Mail comments to Jess Robinson, MC 175, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. Or you may submit them electronically. Comments must be received by 11:59 p.m. on January 24, 2025, and should reference “APO BMP List Proposal.”
TRAM suggests mentioning the inadequacies above. The group also suggests including BMPs from TRAM’s list that are most important to you. And insisting TCEQ addresses unaddressed issues required by the Texas Legislature: water use, noise, and light pollution.
More Complete List and Thorough Descriptions Needed
Further, they suggest addressing more issues more completely. For instance, some of the many BMPs that should be included are:
- Dust Control: Roads and parking areas for vehicles that will leave the site should be paved.
- Light Pollution: Direct light properly and use perimeter barriers to eliminate sky glow, light trespass, and glare.
- Mine Management and Truck Safety: Clear roads for school buses by not loading trucks for 30 minutes before and after school bells.
- Noise: APOs should monitor the noise exposure at their property line, keeping the noise level below 65 dB if within 880 yards of a residential area, school, or house of worship, and 70 dB if not. Set noise criteria using MSHA on-site guidance and limits from nearby municipalities.
- Blasting: Blasting should be monitored with seismographs, located on the perimeter (corners) of the APO property (and in some instances, adjacent or near-by properties in multiple directions).
- Water quality: Vegetation is an inexpensive and effective way to protect soil from erosion and filter contaminants, protecting water quality in nearby streams and aquifers. It also protects air quality by holding dust down and filtering the air. Vegetative controls should consist of native plants appropriate for the Texas ecoregion where the site is located and must not include any noxious or invasive species.
- Water use: Maximize re-use of process wastewater. Manage fine tailings to reduce volume in settling ponds. Use a tailings thickener system and/or flocculant, as many APOs do. These can provide additional recycled water, reduce water loss and also reduce land use.
- Riparian health and safety: In riparian areas, reduce the risk of catastrophic “pit capture” (when a river breaks through the riverbank or constructed levy and runs through the mine pit, as has happened countless times in Texas, due to poor mining practices) by:
- Maintaining an undisturbed setback of 50-200 feet from the water’s edge. Create a buffer between mining activities and the waterway.
- Leaving vegetation in the buffer.
- Minimizing use of heavy equipment in buffers to protect vegetation and reduce soil compaction.
ReduceFlooding.Com Suggestion
ReduceFlooding.com agrees with all of TRAM’s recommendations, but given recent erosion, I would suggest that the minimum safe distance from rivers such as the East and West Forks of the San Jacinto, be 200 feet. Fifty feet can be wiped out in one flood.
Posted by Bob Rehak on 1/14/25
2695 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
