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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of standard permits for certain concrete |
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plants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.05198, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE |
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PLANTS. (a) The commission shall issue a standard permit for a |
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[permanent] concrete plant that performs wet batching, dry |
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batching, or central mixing and that meets the following |
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requirements: |
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(1) production records must be maintained on site |
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while the plant is in operation until the second anniversary of the |
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end of the period to which they relate; |
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(2) each cement or fly ash storage silo and weigh |
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hopper must be equipped with a fabric or cartridge filter or vented |
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to a fabric or cartridge filter system; |
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(3) each fabric or cartridge filter, fabric or |
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cartridge filter system, and suction shroud must be maintained and |
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operated properly with no tears or leaks; |
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(4) excluding the suction shroud filter system, each |
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filter system must be designed to meet a standard of at least 0.01 |
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outlet grain loading as measured in grains per dry standard cubic |
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foot; |
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(5) each filter system and each mixer loading and |
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batch truck loading emissions control device must meet a |
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performance standard of no visible emissions exceeding 30 seconds |
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in a five-minute period as determined using United States |
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Environmental Protection Agency Test Method 22 as that method |
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existed on September 1, 2003; |
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(6) if a cement or fly ash silo is filled during |
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nondaylight hours, the silo filter system exhaust must be |
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sufficiently illuminated to enable a determination of compliance |
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with the performance standard described by Subdivision (5); |
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(7) the conveying system for the transfer of cement or |
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fly ash to and from each storage silo must be totally enclosed, |
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operate properly, and be maintained without any tears or leaks; |
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(8) except during cement or fly ash tanker connection |
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or disconnection, each conveying system for the transfer of cement |
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or fly ash must meet the performance standard described by |
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Subdivision (5); |
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(9) a warning device must be installed on each bulk |
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storage silo to alert the operator in sufficient time for the |
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operator to stop loading operations before the silo is filled to a |
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level that may adversely affect the pollution abatement equipment; |
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(10) if filling a silo results in failure of the |
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pollution abatement system or failure to meet the performance |
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standard described by Subdivision (5), the failure must be |
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documented and reported to the commission; |
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(11) each road, parking lot, or other area at the plant |
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site that is used by vehicles must be paved with a cohesive hard |
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surface that is properly maintained, cleaned, and watered so as to |
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minimize dust emissions; |
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(12) each stockpile must be sprinkled with water or |
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dust-suppressant chemicals or covered so as to minimize dust |
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emissions; |
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(13) material used in the batch that is spilled must be |
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immediately cleaned up and contained or dampened so as to minimize |
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dust emissions; |
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(14) production of concrete at the plant must not |
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exceed 300 cubic yards per hour; |
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(15) a suction shroud or other pickup device must be |
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installed at the batch drop point or, in the case of a central mix |
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plant, at the drum feed and vented to a fabric or cartridge filter |
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system with a minimum capacity of 5,000 cubic feet per minute of |
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air; |
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(16) the bag filter and capture system must be |
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properly designed to accommodate the increased flow from the |
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suction shroud and achieve a control efficiency of at least 99.5 |
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percent; |
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(17) the suction shroud baghouse exhaust must be |
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located more than 100 feet from any property line; |
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(18) stationary equipment, stockpiles, and vehicles |
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used at the plant, except for incidental traffic and vehicles as |
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they enter and exit the site, must be located or operated more than |
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100 feet from any property line; and |
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(19) the central baghouse must be located at least 440 |
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yards from any building used as a single or multifamily residence, |
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school, or place of worship at the time the application to use the |
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permit is filed with the commission if the plant is located in an |
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area that is not subject to municipal zoning regulation. |
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(b) Notwithstanding Subsection (a)(18), the commission |
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shall issue a standard permit for a [permanent] concrete plant that |
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performs wet batching, dry batching, or central mixing and does not |
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meet the requirements of that subdivision if the plant meets the |
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other requirements of Subsection (a) and: |
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(1) each road, parking lot, and other traffic area |
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located within the distance of a property line provided by |
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Subsection (a)(18) is bordered by dust-suppressing fencing or |
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another barrier at least 12 feet high; and |
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(2) each stockpile located within the applicable |
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distance of a property line is contained within a three-walled |
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bunker that extends at least two feet above the top of the |
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stockpile. |
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SECTION 2. Section 382.05199(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person may not begin construction of a [permanent] |
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concrete plant that performs wet batching, dry batching, or central |
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mixing under a standard permit issued under Section 382.05198 |
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unless the commission authorizes the person to use the permit as |
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provided by this section. The notice and hearing requirements of |
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Subsections (b)-(g) apply only to an applicant for authorization to |
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use a standard permit issued under Section 382.05198. An applicant |
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for a permit for a concrete plant that does not meet the |
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requirements of a standard permit issued under Section 382.05198 |
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must comply with: |
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(1) Section 382.058 to obtain authorization to use a |
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standard permit issued under Section 382.05195 or a permit by rule |
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adopted under Section 382.05196; or |
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(2) Section 382.056 to obtain a permit issued under |
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Section 382.0518. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for a permit for a concrete plant that is filed with |
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the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application for a permit filed |
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before the effective date of this Act is governed by the law in |
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effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |