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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a standard permit 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. The heading to Section 382.051961, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 382.051961. PERMIT FOR CERTAIN OIL AND GAS AND |
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CONCRETE FACILITIES. |
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SECTION 2. Section 382.051961(a), Health and Safety Code, |
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is amended to read as follows: |
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(a) This section applies only to new facilities or |
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modifications of existing facilities that belong to Standard |
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Industrial Classification Codes 1311 (Crude Petroleum and Natural |
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Gas), 1321 (Natural Gas Liquids), 3273 (Ready-Mixed Concrete), 4612 |
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(Crude Petroleum Pipelines), 4613 (Refined Petroleum Pipelines), |
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4922 (Natural Gas Transmission), and 4923 (Natural Gas Transmission |
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and Distribution). |
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SECTION 3. 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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FACILITIES [PLANTS]. (a) The commission shall issue a standard |
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permit for a new facility or modification of an existing facility |
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that belongs to Standard Industrial Classification Code 3273 |
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(Ready-Mixed Concrete), [permanent concrete plant] that performs |
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wet batching, dry batching, or central mixing, and that meets the |
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following requirements: |
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(1) production records must be maintained on site |
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while the facility [plant] is in operation until the second |
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anniversary of the 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 |
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facility [plant] site that is used by vehicles must be paved with a |
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cohesive hard surface that is properly maintained, cleaned, and |
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watered so as to 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 facility [plant] |
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must not 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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facility [plant], at the drum feed and vented to a fabric or |
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cartridge filter system with a minimum capacity of 5,000 cubic feet |
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per minute of 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 facility [plant], except for incidental traffic and |
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vehicles as they enter and exit the site, must be located or |
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operated more than 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 facility [plant] is |
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located in an area that is not subject to municipal zoning |
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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 facility |
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[plant] that performs wet batching, dry batching, or central mixing |
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and does not meet the requirements of that subdivision if the |
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facility [plant] meets the other requirements of Subsection (a) |
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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 4. The heading to Section 382.058, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF |
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CONCRETE PLANT [UNDER PERMIT BY RULE, STANDARD PERMIT, OR
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EXEMPTION]. |
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SECTION 5. Section 382.058(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 on any concrete |
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plant that performs wet batching, dry batching, or central mixing |
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under a standard permit under Section 382.05198 [382.05195 or a
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permit by rule adopted by the commission under Section 382.05196] |
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unless the person has complied with the notice and opportunity for |
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hearing provisions under Section 382.056. |
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SECTION 6. Section 382.05199, Health and Safety Code, is |
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repealed. |
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SECTION 7. 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 8. This Act takes effect September 1, 2019. |