Bill Text: TX SB417 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to concrete batching and concrete crushing facilities.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-02-14 - Referred to Natural Resources & Economic Development [SB417 Detail]

Download: Texas-2019-SB417-Introduced.html

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86R4422 JAM-D
By: Miles S.B. No. 417

A BILL TO BE ENTITLED
AN ACT
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) [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;
(7) [(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);
(8) [(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;
(9) [(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;
(10) [(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;
(11) [(12)] each stockpile must be sprinkled with
water or dust-suppressant chemicals or covered so as to minimize
dust emissions;
(12) [(13)] material used in the batch that is spilled
must be immediately cleaned up and contained or dampened so as to
minimize dust emissions;
(13) [(14)] production of concrete at the plant must
not exceed 300 cubic yards per hour;
(14) [(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;
(15) [(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;
(16) [(17)] the suction shroud baghouse exhaust must
be located more than 100 feet from any property line;
(17) [(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; and
(18) [(19)] if the plant is located in an area that is
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 [any] building used as a single or
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 [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].
(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 [at the time the application for a
permit to operate the facility at a site near the residence, school,
or place of worship is filed with the commission].
(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 [subsection shall be taken
from the point on] the concrete crushing facility and a building,
public park, or outdoor recreational facility described by
Subsection (a) [that is nearest to the residence, school, or place
of worship toward the point on the residence, school, or place of
worship that is nearest the concrete crushing facility].
(b) A rule adopted under this section [Subsection (a)] does
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) [single or multifamily residence, school, or
place of worship] is subsequently built or put to use within 440
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.