Bill Text: TX HB2088 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the operating hours of concrete plants in certain counties issued a standard permit by the Texas Commission on Environmental Quality; amending a provision subject to a criminal penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Environmental Regulation [HB2088 Detail]
Download: Texas-2017-HB2088-Introduced.html
| 85R5317 JXC-D | ||
| By: Walle | H.B. No. 2088 | |
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| relating to the operating hours of concrete plants in certain | ||
| counties issued a standard permit by the Texas Commission on | ||
| Environmental Quality; amending a provision subject to a criminal | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 382.05198(a), Health and Safety Code, is | ||
| amended 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) 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; [ |
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| (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; and | ||
| (20) in a county with a population of more than 3.3 | ||
| million, the plant must not operate in nondaylight hours. | ||
| SECTION 2. Section 382.05198(a), Health and Safety Code, as | ||
| amended by this Act, applies to a permit issued before, on, or after | ||
| the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
