Texas 2017 - 85th Regular

Texas House Bill HB2088 Compare Versions

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11 85R5317 JXC-D
22 By: Walle H.B. No. 2088
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the operating hours of concrete plants in certain
88 counties issued a standard permit by the Texas Commission on
99 Environmental Quality; amending a provision subject to a criminal
1010 penalty.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 382.05198(a), Health and Safety Code, is
1313 amended to read as follows:
1414 (a) The commission shall issue a standard permit for a
1515 permanent concrete plant that performs wet batching, dry batching,
1616 or central mixing and that meets the following requirements:
1717 (1) production records must be maintained on site
1818 while the plant is in operation until the second anniversary of the
1919 end of the period to which they relate;
2020 (2) each cement or fly ash storage silo and weigh
2121 hopper must be equipped with a fabric or cartridge filter or vented
2222 to a fabric or cartridge filter system;
2323 (3) each fabric or cartridge filter, fabric or
2424 cartridge filter system, and suction shroud must be maintained and
2525 operated properly with no tears or leaks;
2626 (4) excluding the suction shroud filter system, each
2727 filter system must be designed to meet a standard of at least 0.01
2828 outlet grain loading as measured in grains per dry standard cubic
2929 foot;
3030 (5) each filter system and each mixer loading and
3131 batch truck loading emissions control device must meet a
3232 performance standard of no visible emissions exceeding 30 seconds
3333 in a five-minute period as determined using United States
3434 Environmental Protection Agency Test Method 22 as that method
3535 existed on September 1, 2003;
3636 (6) if a cement or fly ash silo is filled during
3737 nondaylight hours, the silo filter system exhaust must be
3838 sufficiently illuminated to enable a determination of compliance
3939 with the performance standard described by Subdivision (5);
4040 (7) the conveying system for the transfer of cement or
4141 fly ash to and from each storage silo must be totally enclosed,
4242 operate properly, and be maintained without any tears or leaks;
4343 (8) except during cement or fly ash tanker connection
4444 or disconnection, each conveying system for the transfer of cement
4545 or fly ash must meet the performance standard described by
4646 Subdivision (5);
4747 (9) a warning device must be installed on each bulk
4848 storage silo to alert the operator in sufficient time for the
4949 operator to stop loading operations before the silo is filled to a
5050 level that may adversely affect the pollution abatement equipment;
5151 (10) if filling a silo results in failure of the
5252 pollution abatement system or failure to meet the performance
5353 standard described by Subdivision (5), the failure must be
5454 documented and reported to the commission;
5555 (11) each road, parking lot, or other area at the plant
5656 site that is used by vehicles must be paved with a cohesive hard
5757 surface that is properly maintained, cleaned, and watered so as to
5858 minimize dust emissions;
5959 (12) each stockpile must be sprinkled with water or
6060 dust-suppressant chemicals or covered so as to minimize dust
6161 emissions;
6262 (13) material used in the batch that is spilled must be
6363 immediately cleaned up and contained or dampened so as to minimize
6464 dust emissions;
6565 (14) production of concrete at the plant must not
6666 exceed 300 cubic yards per hour;
6767 (15) a suction shroud or other pickup device must be
6868 installed at the batch drop point or, in the case of a central mix
6969 plant, at the drum feed and vented to a fabric or cartridge filter
7070 system with a minimum capacity of 5,000 cubic feet per minute of
7171 air;
7272 (16) the bag filter and capture system must be
7373 properly designed to accommodate the increased flow from the
7474 suction shroud and achieve a control efficiency of at least 99.5
7575 percent;
7676 (17) the suction shroud baghouse exhaust must be
7777 located more than 100 feet from any property line;
7878 (18) stationary equipment, stockpiles, and vehicles
7979 used at the plant, except for incidental traffic and vehicles as
8080 they enter and exit the site, must be located or operated more than
8181 100 feet from any property line; [and]
8282 (19) the central baghouse must be located at least 440
8383 yards from any building used as a single or multifamily residence,
8484 school, or place of worship at the time the application to use the
8585 permit is filed with the commission if the plant is located in an
8686 area that is not subject to municipal zoning regulation; and
8787 (20) in a county with a population of more than 3.3
8888 million, the plant must not operate in nondaylight hours.
8989 SECTION 2. Section 382.05198(a), Health and Safety Code, as
9090 amended by this Act, applies to a permit issued before, on, or after
9191 the effective date of this Act.
9292 SECTION 3. This Act takes effect September 1, 2017.