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AN ACT
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relating to the renewal and review of standard permits for certain |
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concrete plants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.05195, Health and Safety Code, is |
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amended by adding Subsection (e-1) and amending Subsection (k) to |
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read as follows: |
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(e-1) This subsection applies only to a standard permit |
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issued under this section that authorizes the operation of a |
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permanent concrete plant that performs wet batching, dry batching, |
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or central mixing, as defined by the commission. The commission |
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shall at least once every six years conduct a protectiveness review |
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of the permit regarding the operation of a permanent concrete plant |
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described by this subsection, including by reviewing available |
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background concentrations of air pollutants. If the commission |
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amends the permit after a protectiveness review, the commission |
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shall allow facilities authorized to emit air contaminants under |
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the permit as it read before the amendment to continue to operate |
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until a date provided by the commission under Subsection (f) that |
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provides facility operators a reasonable amount of time to comply |
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with the amended permit. Each authorization to use the permit is |
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subject to review at least once every six years to determine whether |
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the authority to operate the facility authorized by the permit |
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should be renewed. |
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(k) An application for an authorization to use [the issuance |
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of] a standard permit under this section for a concrete plant that |
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performs wet batching, dry batching, or central mixing, including a |
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permanent, temporary, or specialty concrete batch plant, as defined |
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by the commission, must include a plot plan that clearly shows: |
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(1) a distance scale; |
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(2) a north arrow; |
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(3) all property lines, emission points, buildings, |
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tanks, and process vessels and other process equipment in the area |
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in which the facility will be located; |
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(4) at least two benchmark locations in the area in |
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which the facility will be located; and |
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(5) if the permit requires a distance, setback, or |
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buffer from other property or structures as a condition of the |
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permit, whether the required distance or setback will be met. |
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SECTION 2. Section 382.05198, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) An application for an authorization to use [the issuance |
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of] a standard permit under this section must include a plot plan |
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that meets the requirements of Section 382.05195(k). |
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(d) The commission shall at least once every six years |
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conduct a protectiveness review of a standard permit issued under |
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this section, including by reviewing available background |
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concentrations of air pollutants. If the commission amends the |
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permit after a protectiveness review, the commission shall allow |
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facilities authorized to emit air contaminants under the permit as |
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it read before the amendment to continue to operate until a date |
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provided by the commission that provides facility operators a |
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reasonable amount of time to comply with the amended permit. Each |
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authorization to use a standard permit issued under this section is |
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subject to review at least once every six years to determine whether |
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the authority to operate the facility authorized by the permit |
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should be renewed. |
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SECTION 3. (a) Not later than March 1, 2024, the Texas |
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Commission on Environmental Quality shall adopt rules necessary to |
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implement the changes in law made by this Act. |
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(b) After the effective date of this Act, notwithstanding |
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the changes in law made by this Act, the Texas Commission on |
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Environmental Quality may allow the continuation of an |
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authorization to use a permit issued before the effective date of |
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this Act until the date the authorization would have been eligible |
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for renewal under the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1399 passed the Senate on |
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May 1, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1399 passed the House on |
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May 24, 2023, by the following vote: Yeas 120, Nays 18, |
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one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |