Bill Text: TX SB417 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to concrete batching and concrete crushing facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to Natural Resources & Economic Development [SB417 Detail]
Download: Texas-2019-SB417-Introduced.html
86R4422 JAM-D | ||
By: Miles | S.B. No. 417 |
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relating to concrete batching and concrete crushing facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 382.05195, Health and Safety Code, is | ||
amended by adding Subsection (k) to read as follows: | ||
(k) An application for the issuance of a standard permit | ||
under this section for a concrete plant that performs wet batching, | ||
dry batching, or central mixing, including a permanent, temporary, | ||
or specialty concrete batch plant, as defined by the commission, | ||
must include a plot plan that clearly shows: | ||
(1) a distance scale; | ||
(2) a north arrow; | ||
(3) all property lines, emission points, buildings, | ||
tanks, and process vessels and other process equipment in the area | ||
in which the facility will be located; | ||
(4) at least two benchmark locations in the area in | ||
which the facility will be located; and | ||
(5) if the permit requires a distance, setback, or | ||
buffer from other property or structures as a condition of the | ||
permit, whether the required distance or setback will be met. | ||
SECTION 2. Section 382.05198, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (c), (d), | ||
and (e) to read as follows: | ||
(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) [ |
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or fly ash to and from each storage silo must be totally enclosed, | ||
operate properly, and be maintained without any tears or leaks; | ||
(7) [ |
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connection or disconnection, each conveying system for the transfer | ||
of cement or fly ash must meet the performance standard described by | ||
Subdivision (5); | ||
(8) [ |
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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; | ||
(9) [ |
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pollution abatement system or failure to meet the performance | ||
standard described by Subdivision (5), the failure must be | ||
documented and reported to the commission; | ||
(10) [ |
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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; | ||
(11) [ |
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water or dust-suppressant chemicals or covered so as to minimize | ||
dust emissions; | ||
(12) [ |
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must be immediately cleaned up and contained or dampened so as to | ||
minimize dust emissions; | ||
(13) [ |
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not exceed 300 cubic yards per hour; | ||
(14) [ |
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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; | ||
(15) [ |
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properly designed to accommodate the increased flow from the | ||
suction shroud and achieve a control efficiency of at least 99.5 | ||
percent; | ||
(16) [ |
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be located more than 100 feet from any property line; | ||
(17) [ |
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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 | ||
(18) [ |
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not subject to municipal zoning regulation, the central baghouse | ||
must be located at least 440 yards from the following types of | ||
buildings or facilities: | ||
(A) a [ |
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multifamily residence, school, or place of worship; | ||
(B) an area designated as a public park by action | ||
of a governmental entity; or | ||
(C) after notice is given to the operator of the | ||
plant, an outdoor recreational facility used for organized sporting | ||
events during the time the recreational facility is used for those | ||
events [ |
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(c) Rules adopted under this section must provide for the | ||
manner and time of giving notice to an operator of a plant under | ||
Subsection (a)(18)(C). | ||
(d) The measurement of distance for purposes of this section | ||
is the shortest distance between the plant and a building, public | ||
park, or outdoor recreational facility described by Subsection | ||
(a)(18). | ||
(e) An application for the issuance of a standard permit | ||
under this section must include a plot plan that meets the | ||
requirements of Section 382.05195(k). | ||
SECTION 3. Subchapter C, Chapter 382, Health and Safety | ||
Code, is amended by adding Section 382.051991 to read as follows: | ||
Sec. 382.051991. ADDITIONAL HEARING REQUIRED FOR CERTAIN | ||
CONCRETE PLANTS. (a) This section applies to an applicant for a | ||
permit issued under Section 382.05195 or 382.05198 for a concrete | ||
plant that performs wet batching, dry batching, or central mixing, | ||
including a permanent, temporary, or specialty concrete batch | ||
plant. | ||
(b) In addition to any other hearing required under this | ||
chapter, an applicant for a permit must hold in the county in which | ||
the facility is located or proposed to be located a public hearing | ||
for the purpose of determining the effect the facility will have on | ||
the health of persons living in the area near the facility. | ||
(c) A permit applicant or the applicant's designated | ||
representative must attend the public hearing required under | ||
Subsection (b), and the commission shall make available at the | ||
hearing a public health expert able to respond to questions | ||
relevant to the hearing. | ||
(d) Not later than the 30th day after the date the | ||
commission determines an application to be administratively | ||
complete, the applicant shall publish the notice of the hearing | ||
required by this section at least once in a newspaper of general | ||
circulation in the county in which the facility is located or is | ||
proposed to be located. The notice must specify the time, location, | ||
and subject matter of the hearing. | ||
SECTION 4. Section 382.065, Health and Safety Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsections | ||
(a-1) and (a-2) to read as follows: | ||
(a) The commission by rule shall prohibit the operation of a | ||
concrete crushing facility within 440 yards of the following types | ||
of buildings or facilities: | ||
(1) a building in use as a single or multifamily | ||
residence, school, or place of worship; | ||
(2) an area designated as a public park by action of a | ||
governmental entity; or | ||
(3) after notice is given to the operator of the | ||
concrete crushing facility, an outdoor recreational facility used | ||
for organized sporting events during the time the recreational | ||
facility is used for those events [ |
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(a-1) Rules adopted under this section must provide for the | ||
manner and time of giving notice to an operator of a concrete | ||
crushing facility under Subsection (a)(3). | ||
(a-2) The measurement of distance for purposes of this | ||
section is the shortest distance between [ |
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public park, or outdoor recreational facility described by | ||
Subsection (a) [ |
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(b) A rule adopted under this section [ |
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not apply to a concrete crushing facility: | ||
(1) at a location for which commission authorization | ||
for the operation of a concrete crushing facility was in effect on | ||
September 1, 2001; | ||
(2) at a location that satisfies the distance | ||
requirements of Subsection (a) at the time the application for the | ||
initial authorization for the operation of that facility at that | ||
location is filed with the commission, provided that the | ||
authorization is granted and maintained, regardless of whether a | ||
building, public park, or outdoor recreational facility described | ||
by Subsection (a) [ |
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yards of the facility; or | ||
(3) that: | ||
(A) uses a concrete crusher: | ||
(i) in the manufacture of products that | ||
contain recycled materials; and | ||
(ii) that is located in an enclosed | ||
building; and | ||
(B) is located: | ||
(i) within 25 miles of an international | ||
border; and | ||
(ii) in a municipality with a population of | ||
not less than 6,100 but not more than 20,000. | ||
SECTION 5. Sections 382.05195 and 382.05198, Health and | ||
Safety Code, as amended by this Act, and Section 382.051991, Health | ||
and Safety Code, as added by this Act, apply only to an application | ||
for a standard permit described by Section 382.05195 or 382.05198, | ||
Health and Safety Code, that is filed with the Texas Commission on | ||
Environmental Quality on or after the effective date of this Act. | ||
An application for a standard 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 6. Section 382.065, Health and Safety Code, as | ||
amended by this Act, applies only to an application for a permit to | ||
operate a concrete crushing facility that is filed 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 7. This Act takes effect September 1, 2019. |