| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to air quality permits for aggregate production operations |
|
|
and concrete batch plants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 382, Health and Safety |
|
|
Code, is amended by adding Section 382.067 to read as follows: |
|
|
Sec. 382.067. PERMIT CONDITIONS FOR CERTAIN AGGREGATE |
|
|
PRODUCTION AND CONCRETE PLANT FACILITIES. (a) This section |
|
|
applies only to a standard permit issued under Section 382.05195 or |
|
|
382.05198 relating to the operation of a facility that: |
|
|
(1) is used for the production of aggregates, as |
|
|
defined by Section 28A.001, Water Code; or |
|
|
(2) is a concrete plant that performs wet batching, |
|
|
dry batching, or central mixing. |
|
|
(b) The commission by rule shall require as a condition of |
|
|
issuing or approving the use of a permit that the applicant: |
|
|
(1) submit with the application a plan for: |
|
|
(A) reclaiming the land disturbed by the |
|
|
operation of the facility; |
|
|
(B) maintaining safe lanes for ingress to and |
|
|
egress from the facility; and |
|
|
(C) monitoring and mitigating sound created by |
|
|
the operation of the facility; and |
|
|
(2) comply with the plan submitted under Subdivision |
|
|
(1). |
|
|
(c) The commission may require a person authorized to use a |
|
|
permit to modify a plan submitted under Subsection (b) as necessary |
|
|
for public health and safety. |
|
|
(d) The commission shall establish a system to track |
|
|
complaints received by the commission about a facility described by |
|
|
Subsection (a). If the commission receives a significant number of |
|
|
complaints about noise or dust emitted from the facility, the |
|
|
commission may require the operator of the facility to, as |
|
|
applicable: |
|
|
(1) mitigate sound emitted from the facility; or |
|
|
(2) minimize dust emissions by spraying vehicles |
|
|
leaving the facility with water or dust-suppressant chemicals or |
|
|
implementing other dust control measures as necessary. |
|
|
SECTION 2. Sections 382.067(b) and (c), Health and Safety |
|
|
Code, as added by this Act, apply only to an authorization to use a |
|
|
permit for which an application is submitted to the Texas |
|
|
Commission on Environmental Quality on or after the effective date |
|
|
of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |