By Chisum H.B. No. 1477
77R2880 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the permitting process for the construction of certain
1-3 concrete plants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.05101, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The commission
1-8 may develop by rule the criteria to establish a de minimis level of
1-9 air contaminants for facilities or groups of facilities below which
1-10 a permit under Section 382.0518 or 382.0519, a standard permit
1-11 under Section 382.05195 or 382.05197, or a permit by rule under
1-12 Section 382.05196 is not required.
1-13 SECTION 2. Section 382.0511(c), Health and Safety Code, is
1-14 amended to read as follows:
1-15 (c) The commission may authorize changes in a federal source
1-16 to proceed before the owner or operator obtains a federal operating
1-17 permit or revisions to a federal operating permit if:
1-18 (1) the changes are de minimis under Section
1-19 382.05101; or
1-20 (2) the owner or operator:
1-21 (A) has obtained a preconstruction permit or
1-22 permit amendment required by Section 382.0518; or
1-23 (B) is operating under:
1-24 (i) a standard permit under Section
2-1 382.05195 or 382.05197;
2-2 (ii) [,] a permit by rule under Section
2-3 382.05196; [,] or
2-4 (iii) an exemption allowed under Section
2-5 382.057.
2-6 SECTION 3. Subchapter C, Chapter 382, Health and Safety Code,
2-7 is amended by adding Section 382.05197 to read as follows:
2-8 Sec. 382.05197. STANDARD PERMIT FOR CERTAIN CONCRETE PLANTS.
2-9 (a) The commission shall issue a standard permit for a new
2-10 concrete plant that performs wet batching, dry batching, or central
2-11 mixing and that meets the following requirements:
2-12 (1) production records are maintained on site while
2-13 the plant is in operation until the second anniversary of the end
2-14 of the period to which they relate;
2-15 (2) each cement or fly ash storage silo and weigh
2-16 hopper is equipped with a fabric or cartridge filter or vented to a
2-17 fabric or cartridge filter system;
2-18 (3) each fabric or cartridge filter, fabric or
2-19 cartridge filter system, and suction shroud is maintained and
2-20 operated properly with no tears or leaks;
2-21 (4) each filter system, including any central filter
2-22 system, is designed to meet a standard of at least 0.01 outlet
2-23 grain loading as measured in grains per dry standard cubic foot;
2-24 (5) each filter system and each mixer loading and
2-25 batch truck loading emissions control device meets a performance
2-26 standard of no visible emissions exceeding 30 seconds in a
2-27 six-minute period as determined using United States Environmental
3-1 Protection Agency Test Method 22 as that method existed on
3-2 September 1, 2001;
3-3 (6) if a cement or fly ash silo is filled during
3-4 non-daylight hours, the silo filter system exhaust is sufficiently
3-5 illuminated to enable a determination of compliance with the
3-6 performance standard described in Subdivision (5);
3-7 (7) the conveying system for the transfer of cement or
3-8 fly ash to and from each storage silo is totally enclosed, operates
3-9 properly, and is maintained without any tears or leaks;
3-10 (8) except during cement or fly ash tanker connection
3-11 or disconnection, each conveying system for the transfer of cement
3-12 or fly ash meets the performance standard described in Subdivision
3-13 (5);
3-14 (9) a warning device is installed on each bulk storage
3-15 silo to alert the operator in sufficient time for the operator to
3-16 stop loading operations before the silo is filled to a level that
3-17 may adversely affect the pollution abatement equipment;
3-18 (10) if the filling of a silo results in failure of
3-19 the pollution abatement system or failure to meet the performance
3-20 standard described in Subdivision (5), the failure is documented
3-21 and reported to the commission;
3-22 (11) each road, parking lot, or other area at the
3-23 plant site that is used by vehicles is paved with a cohesive hard
3-24 surface that is properly maintained, cleaned, and watered so as to
3-25 minimize dust emissions;
3-26 (12) each stockpile is sprinkled with water or
3-27 dust-suppressant chemicals or covered so as to minimize dust
4-1 emissions;
4-2 (13) material used in the batch that is spilled is
4-3 immediately cleaned up and contained or dampened so as to minimize
4-4 dust emissions;
4-5 (14) production of concrete at the plant does not
4-6 exceed 500 cubic yards per hour;
4-7 (15) a suction shroud or other pickup device is
4-8 installed at the batch drop point or, in the case of a central mix
4-9 plant, the drum feed and vented to a fabric or cartridge filter
4-10 system with a minimum capacity of 5,000 cubic feet per minute of
4-11 air;
4-12 (16) the suction shroud baghouse exhaust is not
4-13 located within 100 feet of a property line;
4-14 (17) stationary equipment, stockpiles, and vehicles
4-15 used at the plant, except for incidental traffic and vehicles as
4-16 they enter and exit the site, are not located or operated within:
4-17 (A) 50 feet of a property line if the production
4-18 of concrete at the plant does not exceed 300 cubic yards per hour;
4-19 or
4-20 (B) 100 feet of a property line if the
4-21 production of concrete at the plant exceeds 300 cubic yards per
4-22 hour;
4-23 (18) the plant is authorized to discharge waste into
4-24 or adjacent to waters in the state under a general permit issued
4-25 under Section 26.040, Water Code;
4-26 (19) the owner or operator of the plant has developed
4-27 a plan to monitor and recycle unused concrete and to address all
5-1 used oil, used oil filters, waste tires, and solvents in accordance
5-2 with commission rules;
5-3 (20) the plant complies with all local zoning
5-4 requirements in effect on the date construction begins;
5-5 (21) visual and physical barriers are used in the
5-6 design of the plant to enhance the plant's appearance; and
5-7 (22) the owner or operator of the plant has designed
5-8 and implemented a spill control plan for petroleum products in
5-9 accordance with commission rules.
5-10 (b) Notwithstanding Subsection (a)(17), the commission shall
5-11 issue a standard permit for a new concrete plant that performs wet
5-12 batching, dry batching, or central mixing and does not meet the
5-13 requirements of that subsection if the plant meets the other
5-14 requirements of Subsection (a) and:
5-15 (1) each road, parking lot, and other traffic area
5-16 located within the distance of a property line provided by
5-17 Subsection (a)(17)(A) or (B), as applicable, is bordered by
5-18 dust-suppressing fencing or another barrier at least 12 feet high;
5-19 and
5-20 (2) each stockpile located within the applicable
5-21 distance of a property line is contained within a three-walled
5-22 bunker that extends at least two feet above the top of the
5-23 stockpile.
5-24 (c) Sections 382.05195(b)-(i) apply to a standard permit
5-25 under this section.
5-26 (d) The commission must act on an application for an
5-27 authorization to use a standard permit issued under this section
6-1 not later than the 45th day after the date the application is
6-2 filed.
6-3 SECTION 4. This Act takes effect September 1, 2001.