1-1 By: Brown S.B. No. 546
1-2 (In the Senate - Filed February 6, 2001; February 7, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 546 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the permitting process for the construction of certain
1-11 concrete plants.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 382.05101, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The commission
1-16 may develop by rule the criteria to establish a de minimis level of
1-17 air contaminants for facilities or groups of facilities below which
1-18 a permit under Section 382.0518 or 382.0519, a standard permit
1-19 under Section 382.05195 or 382.05197, or a permit by rule under
1-20 Section 382.05196 is not required.
1-21 SECTION 2. Subsection (c), Section 382.0511, Health and
1-22 Safety Code, is amended to read as follows:
1-23 (c) The commission may authorize changes in a federal source
1-24 to proceed before the owner or operator obtains a federal operating
1-25 permit or revisions to a federal operating permit if:
1-26 (1) the changes are de minimis under Section
1-27 382.05101; or
1-28 (2) the owner or operator:
1-29 (A) has obtained a preconstruction permit or
1-30 permit amendment required by Section 382.0518; or
1-31 (B) is operating under:
1-32 (i) a standard permit under Section
1-33 382.05195 or 382.05197;
1-34 (ii) [,] a permit by rule under Section
1-35 382.05196; [,] or
1-36 (iii) an exemption allowed under Section
1-37 382.057.
1-38 SECTION 3. Subchapter C, Chapter 382, Health and Safety
1-39 Code, is amended by adding Sections 382.05197 and 382.05198 to read
1-40 as follows:
1-41 Sec. 382.05197. STANDARD PERMIT FOR CERTAIN CONCRETE PLANTS.
1-42 (a) The commission shall issue a standard permit for a new
1-43 concrete plant that performs wet batching, dry batching, or central
1-44 mixing and that meets the following requirements:
1-45 (1) production records are maintained on site while
1-46 the plant is in operation until the second anniversary of the end
1-47 of the period to which they relate;
1-48 (2) each cement or fly ash storage silo and weigh
1-49 hopper is equipped with a fabric or cartridge filter or vented to a
1-50 fabric or cartridge filter system;
1-51 (3) each fabric or cartridge filter, fabric or
1-52 cartridge filter system, and suction shroud is maintained and
1-53 operated properly with no tears or leaks;
1-54 (4) excluding the suction shroud filter system, each
1-55 filter system is designed to meet a standard of at least 0.01
1-56 outlet grain loading as measured in grains per dry standard cubic
1-57 foot;
1-58 (5) each filter system and each mixer loading and
1-59 batch truck loading emissions control device meets a performance
1-60 standard of no visible emissions exceeding 30 seconds in a
1-61 six-minute period as determined using United States Environmental
1-62 Protection Agency Test Method 22 as that method existed on
1-63 September 1, 2001;
1-64 (6) if a cement or fly ash silo is filled during
2-1 nondaylight hours, the silo filter system exhaust is sufficiently
2-2 illuminated to enable a determination of compliance with the
2-3 performance standard described in Subdivision (5);
2-4 (7) the conveying system for the transfer of cement or
2-5 fly ash to and from each storage silo is totally enclosed, operates
2-6 properly, and is maintained without any tears or leaks;
2-7 (8) except during cement or fly ash tanker connection
2-8 or disconnection, each conveying system for the transfer of cement
2-9 or fly ash meets the performance standard described in Subdivision
2-10 (5);
2-11 (9) a warning device is installed on each bulk storage
2-12 silo to alert the operator in sufficient time for the operator to
2-13 stop loading operations before the silo is filled to a level that
2-14 may adversely affect the pollution abatement equipment;
2-15 (10) if the filling of a silo results in failure of
2-16 the pollution abatement system or failure to meet the performance
2-17 standard described in Subdivision (5), the failure is documented
2-18 and reported to the commission;
2-19 (11) each road, parking lot, or other area at the
2-20 plant site that is used by vehicles is paved with a cohesive hard
2-21 surface that is properly maintained, cleaned, and watered so as to
2-22 minimize dust emissions;
2-23 (12) each stockpile is sprinkled with water or
2-24 dust-suppressant chemicals or covered so as to minimize dust
2-25 emissions;
2-26 (13) material used in the batch that is spilled is
2-27 immediately cleaned up and contained or dampened so as to minimize
2-28 dust emissions;
2-29 (14) production of concrete at the site does not
2-30 exceed 300 cubic yards per hour;
2-31 (15) a suction shroud or other pickup device is
2-32 installed at the batch drop point or, in the case of a central mix
2-33 plant, the drum feed and vented to a fabric or cartridge filter
2-34 system with a minimum capacity of 5,000 cubic feet per minute of
2-35 air;
2-36 (16) the bag filter and capture system must be
2-37 properly designed to accommodate the increased flow from the
2-38 suction shroud and achieve a control efficiency of at least 99.5
2-39 percent;
2-40 (17) the suction shroud baghouse exhaust is not
2-41 located within 100 feet of a property line;
2-42 (18) stationary equipment, stockpiles, and vehicles
2-43 used at the plant, except for incidental traffic and vehicles as
2-44 they enter and exit the site, are not located or operated within
2-45 100 feet of a property line;
2-46 (19) the plant is authorized to discharge waste into
2-47 or adjacent to waters in the state under a general permit issued
2-48 under Section 26.040, Water Code;
2-49 (20) the owner or operator of the plant has developed
2-50 a plan to monitor and recycle unused concrete and to address all
2-51 used oil, used oil filters, waste tires, and solvents in accordance
2-52 with commission rules;
2-53 (21) the plant complies with all local zoning
2-54 requirements in effect on the date construction begins;
2-55 (22) visual and physical barriers are used in the
2-56 design of the plant to enhance the plant's appearance; and
2-57 (23) the owner or operator of the plant has designed
2-58 and implemented a spill control plan for petroleum products in
2-59 accordance with commission rules.
2-60 (b) Notwithstanding Subsection (a)(18), the commission shall
2-61 issue a standard permit for a new concrete plant that performs wet
2-62 batching, dry batching, or central mixing and does not meet the
2-63 requirements of that subsection if the plant meets the other
2-64 requirements of Subsection (a) and:
2-65 (1) each road, parking lot, and other traffic area
2-66 located within the distance of a property line provided by
2-67 Subsection (a)(18), as applicable, is bordered by dust-suppressing
2-68 fencing or another barrier at least 12 feet high; and
2-69 (2) each stockpile located within the applicable
3-1 distance of a property line is contained within a three-walled
3-2 bunker that extends at least two feet above the top of the
3-3 stockpile.
3-4 (c) the executive director must recommend issuance or
3-5 denial of the authorization to use a standard permit issued under
3-6 this section not later than the 45th day after the date the
3-7 completed application is received.
3-8 Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH
3-9 PLANTS: NOTICE AND HEARING. (a) An applicant for a standard
3-10 permit under Section 382.05197 shall publish notice of intent to
3-11 obtain the permit in accordance with Section 382.056.
3-12 (b) The commission shall provide an opportunity for a public
3-13 hearing and the submission of public comment and send notice of a
3-14 decision on an application for a standard permit under Section
3-15 382.05197 in the same manner as provided by Sections 382.0561 and
3-16 382.0562.
3-17 (c) For purposes of this section, only those persons
3-18 actually residing in a permanent residence within 880 yards of the
3-19 proposed plant may request a hearing under this section as a person
3-20 who may be affected.
3-21 (d) A person affected by a decision of the commission to
3-22 issue or deny a voluntary emissions reduction permit may move for
3-23 rehearing and is entitled to judicial review under Section 382.032.
3-24 SECTION 4. Subsection (c), Section 382.058, Health and
3-25 Safety Code, is amended to read as follows:
3-26 (c) For purposes of this section, only those persons
3-27 actually residing in a permanent residence within 880 [440] yards
3-28 of the proposed plant may request a hearing under Section 382.056
3-29 (d) as a person who may be affected.
3-30 SECTION 5. This Act takes effect September 1, 2001.
3-31 * * * * *