| |
| |
|
|
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 Sections 382.051991 and 382.051992 to |
|
|
read as follows: |
|
|
Sec. 382.051991. USE OF STANDARD PERMIT FOR AGGREGATE |
|
|
PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS: PUBLIC HEARING OR |
|
|
MEETING. (a) This section applies only to a public hearing or |
|
|
meeting regarding an authorization to use a standard permit under |
|
|
this chapter for: |
|
|
(1) the production of aggregates, as defined by |
|
|
Section 28A.001, Water Code; or |
|
|
(2) the operation of a concrete plant that performs |
|
|
wet batching, dry batching, or central mixing. |
|
|
(b) The commission shall accept written questions about the |
|
|
facility from the public until the 15th day before the date of the |
|
|
hearing or meeting. |
|
|
(c) Not later than the 14th day before the date of the |
|
|
hearing or meeting, the commission shall notify the following |
|
|
entities of the date, time, and place of the hearing or meeting: |
|
|
(1) the Texas Department of Transportation; |
|
|
(2) each groundwater conservation district with |
|
|
jurisdiction over the area in which the facility is located or |
|
|
proposed to be located; |
|
|
(3) if no groundwater conservation district has |
|
|
jurisdiction over the area in which the facility is located or |
|
|
proposed to be located, the Texas Water Development Board; |
|
|
(4) any state agency with jurisdiction over a topic |
|
|
raised in a written question submitted to the commission under |
|
|
Subsection (b); and |
|
|
(5) each municipality and county in which the facility |
|
|
is located or proposed to be located. |
|
|
(d) Each entity other than a municipality or county that |
|
|
receives notice of a hearing or meeting under Subsection (c) shall |
|
|
send a representative of the entity to attend the hearing or |
|
|
meeting. |
|
|
Sec. 382.051992. ADDITIONAL STANDARD PERMIT REQUIREMENTS |
|
|
FOR AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a) |
|
|
This section applies only to the use of a standard permit under this |
|
|
chapter for: |
|
|
(1) the production of aggregates, as defined by |
|
|
Section 28A.001, Water Code; or |
|
|
(2) the operation of a concrete plant that performs |
|
|
wet batching, dry batching, or central mixing. |
|
|
(b) The commission may not authorize the use of a standard |
|
|
permit for or renew a standard permit authorization for a facility |
|
|
unless the applicant indicates on the application that the |
|
|
applicant: |
|
|
(1) has complied with the requirements of Subsection |
|
|
(c); and |
|
|
(2) will comply with any Texas Department of |
|
|
Transportation requirements for the construction or alteration of |
|
|
driveways as provided by Subsection (i). |
|
|
(c) In addition to requirements in any other applicable |
|
|
provision of this chapter, a person authorized to use a standard |
|
|
permit must: |
|
|
(1) install equipment to monitor noise levels and |
|
|
emissions of air contaminants from the facility: |
|
|
(A) at the point on the perimeter of the property |
|
|
on which the facility is located that is closest to the nearest |
|
|
building in use as a single-family or multifamily residence, |
|
|
school, place of worship, or commercial enterprise; and |
|
|
(B) at two other points on the perimeter of the |
|
|
property on which the facility is located equidistant from the |
|
|
point described by Paragraph (A); |
|
|
(2) ensure that outdoor lighting installed at the |
|
|
facility complies with standards adopted by the Illuminating |
|
|
Engineering Society; |
|
|
(3) obtain computer-controlled blasting technology to |
|
|
minimize the effect of seismic forces on adjacent property caused |
|
|
by blasting at the facility; |
|
|
(4) either: |
|
|
(A) use water for the facility only from a |
|
|
metered source or under a permit from a groundwater conservation |
|
|
district; or |
|
|
(B) implement commission-approved methods of |
|
|
water recirculation to ensure efficient use of groundwater for the |
|
|
facility; |
|
|
(5) provide to the commission a plan to ensure that the |
|
|
area on which the facility operates will be safe and useful after |
|
|
operations cease, including a description of how the person will: |
|
|
(A) resolve potential safety and environmental |
|
|
problems; |
|
|
(B) minimize fugitive dust from areas the person |
|
|
does not plan to revegetate; |
|
|
(C) control erosion by revegetating barren |
|
|
areas; and |
|
|
(D) remove equipment; and |
|
|
(6) provide to the commission a performance bond or |
|
|
other form of financial assurance to ensure payment of the costs of |
|
|
executing the plan required by Subdivision (5). |
|
|
(d) The commission is not required to inspect a facility |
|
|
solely to verify compliance with Subsection (c). The commission |
|
|
shall inspect a facility for compliance with Subsection (c) during |
|
|
regular inspections under this chapter and Chapter 28A, Water Code. |
|
|
(e) The person shall maintain records of monitoring data |
|
|
from the equipment required by Subsection (c)(1) until the fifth |
|
|
anniversary of the date on which the data was collected. |
|
|
(f) The person authorized to use a standard permit shall |
|
|
ensure that noise created by the permitted facility does not |
|
|
exceed: |
|
|
(1) 70 decibels at the points at which monitors are |
|
|
installed under Subsection (c); or |
|
|
(2) 65 decibels at the perimeter of a property that is: |
|
|
(A) used as a residence; and |
|
|
(B) located within 880 yards of the permitted |
|
|
facility. |
|
|
(g) If the commission receives a complaint about emissions |
|
|
or noise created by a permitted facility, the commission shall |
|
|
require the person authorized to use the permit to submit to the |
|
|
commission all relevant available monitoring data from the |
|
|
monitoring equipment required by Subsection (c)(1) collected for a |
|
|
time period beginning 30 days before the date that is the subject of |
|
|
the complaint and ending 30 days after that date. The commission |
|
|
shall analyze the data before determining whether the complaint is |
|
|
valid. |
|
|
(h) The commission is authorized to: |
|
|
(1) receive funds as the beneficiary of a financial |
|
|
assurance mechanism required under Subsection (c); and |
|
|
(2) expend funds from the financial assurance |
|
|
mechanism to ensure that the area on which the permitted facility |
|
|
operated is safe and useful. |
|
|
(i) If the Texas Department of Transportation determines |
|
|
that activities at a facility necessitate the construction or |
|
|
modification of driveway access to or from a state highway, |
|
|
including to meet any applicable requirements under Chapter 133, |
|
|
Natural Resources Code, the person authorized to use a standard |
|
|
permit for the facility shall enter into a donation agreement with |
|
|
the department for the donation of costs or property needed by the |
|
|
state to facilitate the construction or alteration. |
|
|
SECTION 2. (a) Except as provided by Subsection (b) of this |
|
|
section, the changes in law made by this Act apply only to a permit |
|
|
or 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. A permit or an authorization |
|
|
to use a permit for which an application was submitted to the Texas |
|
|
Commission on Environmental Quality before the effective date of |
|
|
this Act is governed by the law in effect immediately before the |
|
|
effective date of this Act, and the former law is continued in |
|
|
effect for that purpose. |
|
|
(b) The changes in law made by this Act apply to a permit or |
|
|
an authorization to use a permit for which an application for |
|
|
renewal is submitted to the Texas Commission on Environmental |
|
|
Quality on or after January 1, 2025. |
|
|
SECTION 3. This Act takes effect January 1, 2024. |