Rulemaking: Best Management Practices for Sand Mining in the San Jacinto River Watershed

Rulemaking Petitions

The Texas Aggregates and Concrete Association (TACA) and the Lake Houston Area Grassroots Flood Prevention Initiative (FPI) filed separate petitions for rulemaking with TCEQ on June 15, 2020, and June 23, 2020, respectively. Both organizations recommended the TCEQ adopt a new rule that would establish best management practices (BMPs) for commercial sand mining and other lawful purposes within the San Jacinto Watershed. The commission approved the two petitions to initiate rulemaking with stakeholder involvement on August 12, 2020.

• View the petition for rulemaking filed by TACA on June 15, 2020.
• View the petition for rulemaking filed by FPI on June 23, 2020.

UPDATEThe new rule was adopted by the Commission on December 15, 2021 with an effective date of January 6, 2022.

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Adopted New Rule for Sand Mining in the San Jacinto River Watershed

New Subchapter J in 30 TAC Chapter 311 was adopted at the Commissioners’ Agenda on December 15, 2021. The rule was published in the Texas Register on December 31, 2021 and is effective as of January 6, 2022.

This new rules require facilities that mine sand, described by Standard Industrial Classification (SIC) Code(s) 1442 and 1446, located in the San Jacinto River Watershed to:

• Create a written Mine Plan certified by a licensed Texas Professional Engineer or Professional Geoscientist to be kept onsite
• Implement RG-555 Best Management Practices (BMPs) for Sand Mining Operations in the San Jacinto Watershed with each BMP certified by a licensed Texas Professional Engineer or Professional Geoscientist 
• Submit a Final Stabilization Report, certified by a licensed Texas Professional Engineer or Professional Geoscientist, to TCEQ for review and approval prior to terminating operations at the site or portions of the site

Existing facilities have 180-days to comply with the new rules (Tuesday, July 5, 2022). This new rule requirement is separate from authorization required under the TCEQ Industrial Multi-Sector General Permit (MSGP) for stormwater discharges. The BMPs can overlap with a facility’s Stormwater Pollution Prevention Plan (SWP3), but MSGP authorization alone cannot be used to comply with this rule as this rule has additional requirements.

View a map of the San Jacinto River Watershed here.

For questions about the rule requirements, contact the Stormwater Team in the Water Quality Division by phone at (512) 239-4671 or by electronic mail to SWGP@TCEQ.Texas.gov

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Sand Mining BMPs Guidance Document

In conjunction with this rulemaking, TCEQ developed a guidance document of BMPs for sand mining facilities in the San Jacinto River Watershed.

UPDATE BMPs Guidance Document for Sand Mining Operations in the San Jacinto River Watershed (RG-555)

This BMPs Guidance Document was developed with input from the petitioners and stakeholders. This final publication incorporates revisions based on comments and feedback received. Sand mining facility operators must use this guidance document to comply with new Subchapter J in 30 TAC Chapter 311.

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Summaries, Agendas, and Handouts

Summaries, agendas, handouts, and attendees lists from all current and past stakeholder meetings for this rulemaking project. Most of the files linked below are in portable document format (PDF). (Help with PDF Files).

Date	Agenda/Attendees	Summary	Handouts/Presentations
July 20, 2021	Agenda List of Attendees	A recording of the meeting is available on the TCEQ YouTube Channel.	TCEQ Presentation Draft BMPs Guidance Document Appendix A - Watershed Map
November 10, 2020	Agenda List of attendees	A recording of the meeting is available on the TCEQ Youtube Channel	TCEQ Presentation – Sand Mining Rulemaking Petitions Stakeholder Meeting BMP Comparison Map of FPI Petition Area Map of TACA Petition Area Presentation by stakeholder Jill Boullion Presentation by stakeholder Bob Rehak Presentation by stakeholder Mark Friesenhanhn

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Contact the Program

To be added to the stakeholder list for future meetings and correspondence on this rulemaking, or if you have other comments or questions, please send an e-mail to SWGP@tceq.texas.gov. Please include “Sand Mining Rulemaking” in the subject line of your e-mail.

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