85R7758 SLB-F
 
  By: Miles S.B. No. 1600
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of standard permits for certain concrete
  plants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.05198, Health and Safety Code, is
  amended 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
  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
  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;
               (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.
         (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.
         SECTION 2.  Section 382.05199(a), Health and Safety Code, is
  amended to read as follows:
         (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. The notice and hearing requirements of
  Subsections (b)-(g) apply only to an applicant for authorization to
  use a standard permit issued under Section 382.05198. An applicant
  for a permit for a concrete plant that does not meet the
  requirements of a standard permit issued under Section 382.05198
  must comply with:
               (1)  Section 382.058 to obtain authorization to use a
  standard permit issued under Section 382.05195 or a permit by rule
  adopted under Section 382.05196; or
               (2)  Section 382.056 to obtain a permit issued under
  Section 382.0518.
         SECTION 3.  The changes in law made by this Act apply only to
  an application for a permit for a concrete plant that is filed with
  the Texas Commission on Environmental Quality on or after the
  effective date of this Act. An application for a permit filed
  before the effective date of this Act is governed by the law in
  effect on the date of filing, and that law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.