HBA-JLV H.B. 1477 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1477 By: Chisum Environmental Regulation 3/29/2001 Introduced BACKGROUND AND PURPOSE Prior to the passage of certain environmental legislation by the 76th Legislature, ready mixed concrete plants were allowed a standard exemption from the regular permitting process by the Texas Natural Resource Conservation Commission (TNRCC). This was due to the fact that ready mixed concrete plants were considered to be de minimus sources of air contaminants and that these facilities do not produce harmful nitrogen oxide emissions which are associated with the formation of ozone. However, when the 76th Legislature passed the legislation with the intention of streamlining the difficulties associated with the permitting process, the exemption status granted to these plants was eliminated. As a result, ready mixed concrete plants are currently subject to the same permitting process as larger industrial facilities, which causes time and financial expenditure by the operators of the plants and TNRCC. House Bill 1477 exempts certain permanent concrete batch plant facilities from the notice and hearing process if they meet heightened environmental standards in their operating practices. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1477 amends the Health and Safety Code to require TNRCC to issue a standard permit for a new concrete plant that performs wet batching, dry batching, or central mixing and that meets certain pollution abatement, safety, and monitoring requirements. TNRCC is required to issue a standard permit for concrete plants that do not meet requirements relating to the location and operation of stationary equipment, stockpiles, and vehicles near the production plant if the plants meet the requirement that each road, parking lot, and other traffic area located within the distance of a property line is bordered by dustsuppressing fencing or another barrier at least 12 feet high and that each stockpile located within the applicable distance of a property line is contained within a three-walled bunker that extends at least two feet above the top of the stockpile. The bill requires TNRCC to act on an application for an authorization to use a standard permit not later than the 45th day after the date the application is filed. EFFECTIVE DATE September 1, 2001.