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78R5540 SMH-F
By: Flores H.B. No. 2932
A BILL TO BE ENTITLED
AN ACT
relating to the permitting process for the construction of certain
concrete plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05101, Health and Safety Code, is
amended to read as follows:
Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The commission
may 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 382.05198, or a permit by rule under
Section 382.05196 is not required.
SECTION 2. Section 382.0511(c), Health and Safety Code, is
amended to read as follows:
(c) The commission may authorize changes in a federal source
to proceed before the owner or operator obtains a federal operating
permit or revisions to a federal operating permit if:
(1) the changes are de minimis under Section
382.05101; or
(2) the owner or operator:
(A) has obtained a preconstruction permit or
permit amendment required by Section 382.0518; or
(B) is operating under:
(i) a standard permit under Section
382.05195 or 382.05198;
(ii) [,] a permit by rule under Section
382.05196; [,] or
(iii) an exemption allowed under Section
382.057.
SECTION 3. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Sections 382.05198 and 382.05199 to read
as follows:
Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE
PLANTS. (a) The commission shall issue a standard permit for a
permanent concrete plant that performs wet batching, dry batching,
or central mixing and that meets the following requirements:
(1) production records must be maintained on site
while the plant is in operation until the second anniversary of the
end of the period to which they relate;
(2) each cement or fly ash storage silo and weigh
hopper must be equipped with a fabric or cartridge filter or vented
to a fabric or cartridge filter system;
(3) each fabric or cartridge filter, fabric or
cartridge filter system, and suction shroud must be maintained and
operated properly with no tears or leaks;
(4) excluding the suction shroud filter system, each
filter system must be designed to meet a standard of at least 0.01
outlet grain loading as measured in grains per dry standard cubic
foot;
(5) each filter system and each mixer loading and
batch truck loading emissions control device must meet a
performance standard of no visible emissions exceeding 30 seconds
in a five-minute period as determined using United States
Environmental Protection Agency Test Method 22 as that method
existed on September 1, 2003;
(6) if a cement or fly ash silo is filled during
non-daylight hours, the silo filter system exhaust must be
sufficiently illuminated to enable a determination of compliance
with the performance standard described by Subdivision (5);
(7) the conveying system for the transfer of cement or
fly ash to and from each storage silo must be totally enclosed,
operate properly, and be maintained without any tears or leaks;
(8) except during cement or fly ash tanker connection
or disconnection, each conveying system for the transfer of cement
or fly ash must meet the performance standard described by
Subdivision (5);
(9) a warning device must be installed on each bulk
storage silo to alert the operator in sufficient time for the
operator to stop loading operations before the silo is filled to a
level that may adversely affect the pollution abatement equipment;
(10) if filling a silo results in failure of the
pollution abatement system or failure to meet the performance
standard described by Subdivision (5), the failure must be
documented and reported to the commission;
(11) each road, parking lot, or other area at the plant
site that is used by vehicles must be paved with a cohesive hard
surface that is properly maintained, cleaned, and watered so as to
minimize dust emissions;
(12) each stockpile must be sprinkled with water or
dust-suppressant chemicals or covered so as to minimize dust
emissions;
(13) material used in the batch that is spilled must be
immediately cleaned up and contained or dampened so as to minimize
dust emissions;
(14) production of concrete at the plant must not
exceed 300 cubic yards per hour;
(15) a suction shroud or other pickup device must be
installed at the batch drop point or, in the case of a central mix
plant, at the drum feed and vented to a fabric or cartridge filter
system with a minimum capacity of 5,000 cubic feet per minute of
air;
(16) the bag filter and capture system must be
properly designed to accommodate the increased flow from the
suction shroud and achieve a control efficiency of at least 99.5
percent;
(17) the suction shroud baghouse exhaust must be
located more than 100 feet from any property line; and
(18) stationary equipment, stockpiles, and vehicles
used at the plant, except for incidental traffic and vehicles as
they enter and exit the site, must be located or operated more than
100 feet from any property line.
(b) Notwithstanding Subsection (a)(18), the commission
shall issue a standard permit for a permanent concrete plant that
performs wet batching, dry batching, or central mixing and does not
meet the requirements of that subdivision if the plant meets the
other requirements of Subsection (a) and:
(1) each road, parking lot, and other traffic area
located within the distance of a property line provided by
Subsection (a)(18) is bordered by dust-suppressing fencing or
another barrier at least 12 feet high; and
(2) 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.
Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH
PLANTS: NOTICE AND HEARING. (a) A person may not begin
construction of a permanent concrete plant that performs wet
batching, dry batching, or central mixing under a standard permit
issued under Section 382.05198 unless the commission authorizes the
person to use the permit as provided by this section.
(b) An applicant for an authorization to use a standard
permit under Section 382.05198 must publish notice under this
section not later than the earlier of:
(1) the 30th day after the date the applicant receives
written notice from the executive director that the application is
administratively complete; or
(2) the 75th day after the date the executive director
receives the application.
(c) The applicant must publish notice at least once in a
newspaper of general circulation in the municipality in which the
plant is proposed to be located or in the municipality nearest to
the proposed location of the plant. If the elementary or middle
school nearest to the proposed facility provides a bilingual
education program as required by Subchapter B, Chapter 29,
Education Code, the applicant must also publish the notice at least
once in an additional publication of general circulation in the
municipality or county in which the plant is proposed to be located
that is published in the language taught in the bilingual education
program. This requirement is waived if such a publication does not
exist or if the publisher refuses to publish the notice.
(d) The notice must include:
(1) a brief description of the proposed location and
nature of the proposed plant;
(2) a description, including a telephone number, of
the manner in which the executive director may be contacted for
further information;
(3) a description, including a telephone number, of
the manner in which the applicant may be contacted for further
information;
(4) the location and hours of operation of the
commission's regional office at which a copy of the application is
available for review and copying; and
(5) a brief description of the public comment process,
including the time and location of the public hearing, and the
mailing address and deadline for filing written comments.
(e) The public comment period begins on the first date
notice is published under Subsection (b) and extends to the close of
the public hearing.
(f) Section 382.056 of this code and Chapter 2001,
Government Code, do not apply to a public hearing held under this
section. A public hearing held under this section is not an
evidentiary proceeding. Any person may submit an oral or written
statement concerning the application at the public hearing. The
applicant may set reasonable limits on the time allowed for oral
statements at the public hearing.
(g) The applicant, in cooperation with the executive
director, must hold the public hearing not less than 30 days and not
more than 45 days after the first date notice is published under
Subsection (b). The public hearing must be held in the county in
which the plant is proposed to be located.
(h) Not later than the 35th day after the date the public
hearing is held, the executive director shall approve or deny the
application for authorization to use the standard permit. The
executive director shall base the decision on whether the
application meets the requirements of Section 382.05198. The
executive director shall consider all comments received during the
public comment period and at the public hearing in determining
whether to approve the application. If the executive director
denies the application, the executive director shall state the
reasons for the denial and any modifications to the application
that are necessary for the proposed plant to qualify for the
authorization.
(i) The executive director shall issue a written response to
any public comments received related to the issuance of an
authorization to use the standard permit at the same time as or as
soon as practicable after the executive director grants or denies
the application. Issuance of the response after the granting or
denial of the application does not affect the validity of the
executive director's decision to grant or deny the application.
The executive director shall:
(1) mail the response to each person who filed a
comment; and
(2) make the response available to the public.
SECTION 4. This Act takes effect September 1, 2003.