SRC-MWN S.B. 546 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 546
77R2880 SMH-FBy: Brown, J. E. "Buster"
Natural Resources
3/5/2001
As Filed


DIGEST AND PURPOSE 

Currently, ready mix concrete plants are forced into the same permitting
process as larger, more industrial facilities causing tremendous time and
financial constraints on the operator and the Texas Natural Resource
Conservation Commission (commission), respectively. As proposed, S.B. 546
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

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 1 (Section 382.05101, Health & Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 382.05101, Health & Safety Code, to authorize the
Texas Natural Resource Conservation Commission (commission) to develop by
rule the criteria to establish a de minimis level of air contaminants for
facilities or group of facilities below which a permit under Section
382.0518 or 382.0519, a standard permit under Section 382.05195 or
382.05197, or a permit by rule under Section 382.05196 is not required. 

SECTION 2. Amends Section 382.0511(c), Health & Safety Code, to authorize
the commission to authorize changes in a federal source to proceed before
the owner or operator obtains  federal operating permit or revisions to a
federal operating permit if the changes are de minimis under Section
382.05101, or the owner or operator has obtained a preconstruction permit
or permit amendment required by Section 382.0518, or is operating under a
standard permit under Section 382.05195 or 382.05197; a permit by rule
under Section 382.05196; or an exemption allowed under Section382.057. 

SECTION 3. Amends Chapter 382C, Health & Safety Code, by adding Section
382.05197, as follows: 

Sec. 382.05197. STANDARD PERMIT FOR CERTAIN CONCRETE PLANTS. Requires the
commission to issue a standard permit for a new concrete plant that
performs wet batching, dry batching, or central mixing and that meets
certain requirements. Requires the commission, notwithstanding Subsection
(a)(17), to issue a standard permit for a new concrete plant that performs
wet batching, dry batching, or central mixing and does not meet the
requirements of that subsection if the plant meets the other requirements
of Subsection (a) and each road, parking lot, and other traffic area
located within the distance of a property line provided by Subsection
(a)(17)(A) or (B), as applicable, is bordered by dust-suppressing fencing
or another barrier at least 12 feet high; and 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. Provides that Sections 382.05195(b)-(i) apply to a standard
permit under this section. Requires the commission to act on an application
for an authorization to use a standard permit issued under this section not
later than the 45th day after the date the  application is filed. 

SECTION 4. Effective date: September 1, 2001.