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A BILL TO BE ENTITLED
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AN ACT
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relating to air quality permits issued by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.016, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A member, employee, or agent of the commission may use |
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emissions data obtained under Subsection (b) for modeling local and |
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regional cumulative emissions. |
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SECTION 2. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.051991 and 382.051992 to |
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read as follows: |
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Sec. 382.051991. USE OF STANDARD PERMIT FOR AGGREGATE |
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PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS: PUBLIC HEARING OR |
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MEETING. (a) This section applies only to a hearing or meeting |
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regarding an authorization to use a standard permit under this |
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chapter for: |
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(1) the production of aggregates, as defined by |
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Section 28A.001, Water Code; or |
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(2) the operation of a concrete plant that performs |
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wet batching, dry batching, or central mixing. |
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(b) The commission shall accept written questions about the |
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facility from the public until the 15th day before the date of the |
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hearing or meeting. |
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(c) Not later than the 14th day before the date of the |
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hearing or meeting, the commission shall notify the following |
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entities of the date, time, and place of the hearing or meeting: |
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(1) the Texas Department of Transportation; |
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(2) each groundwater conservation district with |
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jurisdiction over the area in which the facility is located or |
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proposed to be located; |
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(3) if no groundwater conservation district has |
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jurisdiction over the area in which the facility is located or |
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proposed to be located, the Texas Water Development Board; |
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(4) any state agency with jurisdiction over a topic |
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raised in a written question submitted to the commission under |
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Subsection (b); and |
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(5) each municipality and county in which the facility |
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is located or proposed to be located. |
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(d) Each entity that receives notice of a hearing or meeting |
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under Subsection (c) shall send a representative of the entity to |
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attend the hearing or meeting. This subsection does not apply to a |
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municipality or county. |
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Sec. 382.051992. ADDITIONAL STANDARD PERMIT REQUIREMENTS |
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FOR AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a) |
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This section applies only to the use of a standard permit under this |
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chapter for: |
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(1) the production of aggregates, as defined by |
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Section 28A.001, Water Code; or |
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(2) the operation of a concrete plant that performs |
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wet batching, dry batching, or central mixing. |
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(b) The commission may not authorize the use of a standard |
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permit for or renew a standard permit authorization for a facility |
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unless the applicant indicates on the application that the |
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applicant: |
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(1) has complied with the requirements of Subsection |
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(c); and |
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(2) will comply with any Texas Department of |
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Transportation requirements for the construction or alteration of |
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driveways as provided by Subsection (j). |
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(c) In addition to requirements in any other applicable |
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provision of this chapter, a person authorized to use a standard |
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permit must: |
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(1) install equipment to monitor noise levels and |
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emissions of air contaminants, including particulate matter with a |
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diameter equal to or less than 2.5 microns and equal to or less than |
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10 microns, from the facility at three points on the perimeter of |
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the property on which the facility is located that are as |
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equidistant as possible, provided that: |
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(A) one point must be at the point on the |
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perimeter that is closest to the nearest building in use as a |
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single-family or multifamily residence, school, place of worship, |
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licensed day-care facility, or commercial enterprise; |
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(B) one point must be at a point on the perimeter |
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of the property on which the facility is located that is upwind, |
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based on the predominant wind direction, from the facility; and |
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(C) the commission may authorize one monitoring |
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location to be used to satisfy the requirements of Paragraphs (A) |
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and (B); |
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(2) ensure that outdoor lighting installed at the |
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facility complies with standards adopted by the Illuminating |
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Engineering Society; |
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(3) obtain computer-controlled blasting technology to |
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minimize the effect of seismic forces on adjacent property caused |
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by blasting at the facility; |
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(4) either: |
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(A) use water for the facility only from a |
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metered source or under a permit from a groundwater conservation |
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district; or |
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(B) implement commission-approved methods of |
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water recirculation to ensure efficient use of groundwater for the |
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facility; |
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(5) provide to the commission a plan to ensure that the |
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area on which the facility operates will be safe and useful after |
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operations cease, including a description of how the person will: |
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(A) decommission the facility and ensure that |
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equipment is removed; |
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(B) minimize fugitive dust from areas the person |
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does not plan to revegetate; and |
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(C) control erosion by revegetating barren |
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areas; and |
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(6) provide to the commission a performance bond or |
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other form of financial assurance to ensure payment of the costs of |
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executing the plan required by Subdivision (5). |
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(d) The commission is not required to inspect a facility |
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solely to verify compliance with Subsection (c). The commission |
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shall inspect a facility for compliance with Subsection (c) during |
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regular inspections under this chapter and Chapter 28A, Water Code, |
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and inspections made to respond to complaints. |
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(e) The commission shall publish a list of monitoring |
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equipment that a person may use to meet the requirements of |
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Subsection (c)(1). |
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(f) The person shall maintain records of monitoring data |
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from the equipment required by Subsection (c)(1) until the fifth |
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anniversary of the date on which the data was collected. The person |
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may use physical instrument data storage and cloud-based storage. |
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(g) A person authorized to use a standard permit shall |
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ensure that noise created by the permitted facility does not |
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exceed: |
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(1) 70 decibels at the points at which monitors are |
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installed under Subsection (c); or |
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(2) 65 decibels at the perimeter of a property that is: |
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(A) a single-family or multifamily residence, |
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school, place of worship, licensed day-care facility, or commercial |
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enterprise; and |
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(B) located within 880 yards of the permitted |
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facility. |
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(h) If the commission receives a complaint about emissions |
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or noise created by a permitted facility, the commission shall |
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require the person authorized to use the permit to retain and make |
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available to the commission on request all relevant available |
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monitoring data from the monitoring equipment required by |
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Subsection (c)(1) collected for a time period beginning 30 days |
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before the date that is the subject of the complaint and ending 30 |
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days after that date. |
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(i) The commission is authorized to: |
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(1) receive funds as the beneficiary of a financial |
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assurance mechanism required under Subsection (c); and |
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(2) expend funds from the financial assurance |
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mechanism to ensure that the area on which the permitted facility |
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operated is safe and useful. |
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(j) If the Texas Department of Transportation determines |
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that activities at a facility necessitate the construction or |
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alteration of driveway access to or from a state highway, including |
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to meet any applicable requirements under Chapter 133, Natural |
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Resources Code, the person authorized to use a standard permit for |
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the facility shall enter into a donation agreement with the |
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department for the donation of costs or property needed by the state |
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to facilitate the construction or alteration. |
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SECTION 3. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For purposes of this section, only a representative of a |
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place of worship, licensed day-care center, licensed nursing |
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facility, licensed assisted living facility, licensed intermediate |
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care facility, hospital, or medical facility or a person [those |
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persons actually] residing [in a permanent residence] within 440 |
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yards of the proposed plant may request a hearing under Section |
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382.056 as a person who may be affected. The commission shall adopt |
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rules establishing who qualifies as a representative of a place of |
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worship, licensed day-care center, licensed nursing facility, |
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licensed assisted living facility, licensed intermediate care |
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facility, hospital, or medical facility under this section. |
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SECTION 4. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0581 to read as follows: |
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Sec. 382.0581. AIR DISPERSION MODELING FOR CERTAIN |
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APPLICATIONS. (a) This section applies only to an application for: |
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(1) a permit under Section 382.0518 for: |
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(A) a concrete plant that performs wet batching, |
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dry batching, or central mixing; |
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(B) a rock crusher; |
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(C) a hot mix asphalt plant; or |
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(D) a bulk mineral handling facility; |
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(2) an authorization to use a standard permit under |
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Section 382.05195 for: |
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(A) a concrete plant that performs wet batching, |
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dry batching, or central mixing; |
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(B) a rock crusher; or |
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(C) a hot mix asphalt plant; or |
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(3) an authorization to use a standard permit under |
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Section 382.05198 for a concrete plant that performs wet batching, |
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dry batching, or central mixing. |
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(b) The commission shall require the use of air dispersion |
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modeling to determine the overall cumulative effect on air quality |
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of a facility that is the subject of an application described by |
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Subsection (a) in conjunction with other proposed or existing |
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facilities that: |
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(1) are located less than five miles from the |
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facility; and |
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(2) emit more than a de minimis level of air |
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contaminants. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act apply only to a permit |
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or an authorization to use a permit for which an application is |
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submitted to the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. A permit or an authorization |
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to use a permit for which an application was submitted to the Texas |
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Commission on Environmental Quality before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) The changes in law made by this Act apply to a permit or |
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an authorization to use a permit for which an application for |
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renewal is submitted to the Texas Commission on Environmental |
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Quality on or after January 1, 2025. |
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SECTION 6. This Act takes effect January 1, 2024. |