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


Senate Research CenterC.S.S.B. 546
77R2880 SMH-FBy: Brown, J. E. "Buster"
Natural Resources
3/25/2001
Committee Report (Substituted)


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. C.S.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 the Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.05101, Health and 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 groups 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 and 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 Section 382.057. 

SECTION 3. Amends Chapter 382C, Health and Safety Code, by adding Sections
382.05197 and 382.05198, 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)(18), 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)(18), 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.
Require the executive director of the commission (executive director) to
recommend issuance or denial of the authorization to use a standard permit
issued under this section not later than the 45th day after the date the
completed application is received. 
 
Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH PLANTS: NOTICE
AND HEARING. Requires an applicant for a standard permit under Section
382.05197 to publish notice of intent to obtain the permit in accordance
with Section 382.056. Requires the commission to provide an opportunity for
a public hearing and the submission of public comment and send notice of a
decision on an application for a standard permit under Section 382.05197 in
the same manner as provided by Sections 382.0561 and 382.0562. Authorizes
only those persons actually residing in a permanent residence within 880
yards of the proposed plant to request a hearing under this section as a
person who may be affected. Authorizes a person affected by a decision of
the commission to issue or deny a voluntary emissions reduction permit to
move for rehearing and provides that the person is entitled to judicial
review under Section 382.032. 

SECTION 4. Amends Section 382.058(c), Health and Safety Code, to authorize
only those persons actually residing in a permanent residence with 880,
rather than 440, yards of the proposed plant to request a hearing under
Section 382.056(d) as a person who may be affected. 

SECTION 5. Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 3. Amends as Filed S.B. 546, Chapter 382C, Health and Safety Code,
as follows: 

 _Amends and adds new proposed requirements regarding the commission
issuing a permit for a new concrete plant. 

 _Adds new proposed Section 382.05197(c), Health and Safety Code, requiring
the executive director to recommend or deny a permit within 45 days. 

 _Adds new proposed Section 382.05198 (STANDARD PERMIT FOR CERTAIN CONCRETE
BATCH PLANTS: NOTICE AND HEARING), Health and Safety Code. 

SECTION 4. Newly proposed SECTION regarding a person residing within 880
yards of a proposed plant as one who is authorized to request a hearing. 

SECTION 5. Effective date. Renumbered from SECTION 4.