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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the operation of concrete plants and |
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crushing facilities at certain locations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.05198(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission shall issue a standard permit for a |
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permanent concrete plant that performs wet batching, dry batching, |
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or central mixing and that meets the following 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 880 |
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[440] yards from any building used as a single or multifamily |
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residence, school, or place of worship at the time the application |
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to use the permit is filed with the commission if the 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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SECTION 2. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For purposes of this section, only those persons |
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actually residing in a permanent residence within 880 [440] yards |
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of the proposed plant may request a hearing under Section 382.056 as |
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a person who may be affected. |
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SECTION 3. Sections 382.065(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The commission by rule shall prohibit the operation of a |
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concrete crushing facility within 880 [440] yards of a building in |
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use as a single or multifamily residence, school, or place of |
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worship at the time the application for a permit to operate the |
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facility at a site near the residence, school, or place of worship |
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is filed with the commission. The measurement of distance for |
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purposes of this subsection shall be taken from the point on the |
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concrete crushing facility that is nearest to the residence, |
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school, or place of worship toward the point on the residence, |
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school, or place of worship that is nearest the concrete crushing |
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facility. |
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(b) Subsection (a) does not apply to a concrete crushing |
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facility: |
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(1) at a location for which commission authorization |
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for the operation of a concrete crushing facility was in effect on |
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September 1, 2001; |
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(2) at a location that satisfies the distance |
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requirements of Subsection (a) at the time the application for the |
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initial authorization for the operation of that facility at that |
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location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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single or multifamily residence, school, or place of worship is |
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subsequently built or put to use within 880 [440] yards of the |
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facility; or |
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(3) that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for a permit to operate a concrete plant or |
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crushing facility that is filed on or after the effective date of |
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this Act. An application for a permit filed before the effective |
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date of this Act is governed by the law in effect on the date of |
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filing, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |