85R5317 JXC-D
  By: Walle H.B. No. 2088
  relating to the operating hours of concrete plants in certain
  counties issued a standard permit by the Texas Commission on
  Environmental Quality; amending a provision subject to a criminal
         SECTION 1.  Section 382.05198(a), Health and Safety Code, is
  amended to read as follows:
         (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
               (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
  nondaylight 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
               (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
               (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
               (17)  the suction shroud baghouse exhaust must be
  located more than 100 feet from any property line;
               (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; [and]
               (19)  the central baghouse must be located at least 440
  yards from any building used as a single or multifamily residence,
  school, or place of worship at the time the application to use the
  permit is filed with the commission if the plant is located in an
  area that is not subject to municipal zoning regulation; and
               (20)  in a county with a population of more than 3.3
  million, the plant must not operate in nondaylight hours.
         SECTION 2.  Section 382.05198(a), Health and Safety Code, as
  amended by this Act, applies to a permit issued before, on, or after
  the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.