1 | 1 | | 85R5317 JXC-D |
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2 | 2 | | By: Walle H.B. No. 2088 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the operating hours of concrete plants in certain |
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8 | 8 | | counties issued a standard permit by the Texas Commission on |
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9 | 9 | | Environmental Quality; amending a provision subject to a criminal |
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10 | 10 | | penalty. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 382.05198(a), Health and Safety Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (a) The commission shall issue a standard permit for a |
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15 | 15 | | permanent concrete plant that performs wet batching, dry batching, |
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16 | 16 | | or central mixing and that meets the following requirements: |
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17 | 17 | | (1) production records must be maintained on site |
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18 | 18 | | while the plant is in operation until the second anniversary of the |
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19 | 19 | | end of the period to which they relate; |
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20 | 20 | | (2) each cement or fly ash storage silo and weigh |
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21 | 21 | | hopper must be equipped with a fabric or cartridge filter or vented |
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22 | 22 | | to a fabric or cartridge filter system; |
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23 | 23 | | (3) each fabric or cartridge filter, fabric or |
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24 | 24 | | cartridge filter system, and suction shroud must be maintained and |
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25 | 25 | | operated properly with no tears or leaks; |
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26 | 26 | | (4) excluding the suction shroud filter system, each |
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27 | 27 | | filter system must be designed to meet a standard of at least 0.01 |
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28 | 28 | | outlet grain loading as measured in grains per dry standard cubic |
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29 | 29 | | foot; |
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30 | 30 | | (5) each filter system and each mixer loading and |
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31 | 31 | | batch truck loading emissions control device must meet a |
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32 | 32 | | performance standard of no visible emissions exceeding 30 seconds |
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33 | 33 | | in a five-minute period as determined using United States |
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34 | 34 | | Environmental Protection Agency Test Method 22 as that method |
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35 | 35 | | existed on September 1, 2003; |
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36 | 36 | | (6) if a cement or fly ash silo is filled during |
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37 | 37 | | nondaylight hours, the silo filter system exhaust must be |
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38 | 38 | | sufficiently illuminated to enable a determination of compliance |
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39 | 39 | | with the performance standard described by Subdivision (5); |
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40 | 40 | | (7) the conveying system for the transfer of cement or |
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41 | 41 | | fly ash to and from each storage silo must be totally enclosed, |
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42 | 42 | | operate properly, and be maintained without any tears or leaks; |
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43 | 43 | | (8) except during cement or fly ash tanker connection |
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44 | 44 | | or disconnection, each conveying system for the transfer of cement |
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45 | 45 | | or fly ash must meet the performance standard described by |
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46 | 46 | | Subdivision (5); |
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47 | 47 | | (9) a warning device must be installed on each bulk |
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48 | 48 | | storage silo to alert the operator in sufficient time for the |
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49 | 49 | | operator to stop loading operations before the silo is filled to a |
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50 | 50 | | level that may adversely affect the pollution abatement equipment; |
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51 | 51 | | (10) if filling a silo results in failure of the |
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52 | 52 | | pollution abatement system or failure to meet the performance |
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53 | 53 | | standard described by Subdivision (5), the failure must be |
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54 | 54 | | documented and reported to the commission; |
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55 | 55 | | (11) each road, parking lot, or other area at the plant |
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56 | 56 | | site that is used by vehicles must be paved with a cohesive hard |
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57 | 57 | | surface that is properly maintained, cleaned, and watered so as to |
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58 | 58 | | minimize dust emissions; |
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59 | 59 | | (12) each stockpile must be sprinkled with water or |
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60 | 60 | | dust-suppressant chemicals or covered so as to minimize dust |
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61 | 61 | | emissions; |
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62 | 62 | | (13) material used in the batch that is spilled must be |
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63 | 63 | | immediately cleaned up and contained or dampened so as to minimize |
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64 | 64 | | dust emissions; |
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65 | 65 | | (14) production of concrete at the plant must not |
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66 | 66 | | exceed 300 cubic yards per hour; |
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67 | 67 | | (15) a suction shroud or other pickup device must be |
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68 | 68 | | installed at the batch drop point or, in the case of a central mix |
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69 | 69 | | plant, at the drum feed and vented to a fabric or cartridge filter |
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70 | 70 | | system with a minimum capacity of 5,000 cubic feet per minute of |
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71 | 71 | | air; |
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72 | 72 | | (16) the bag filter and capture system must be |
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73 | 73 | | properly designed to accommodate the increased flow from the |
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74 | 74 | | suction shroud and achieve a control efficiency of at least 99.5 |
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75 | 75 | | percent; |
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76 | 76 | | (17) the suction shroud baghouse exhaust must be |
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77 | 77 | | located more than 100 feet from any property line; |
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78 | 78 | | (18) stationary equipment, stockpiles, and vehicles |
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79 | 79 | | used at the plant, except for incidental traffic and vehicles as |
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80 | 80 | | they enter and exit the site, must be located or operated more than |
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81 | 81 | | 100 feet from any property line; [and] |
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82 | 82 | | (19) the central baghouse must be located at least 440 |
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83 | 83 | | yards from any building used as a single or multifamily residence, |
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84 | 84 | | school, or place of worship at the time the application to use the |
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85 | 85 | | permit is filed with the commission if the plant is located in an |
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86 | 86 | | area that is not subject to municipal zoning regulation; and |
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87 | 87 | | (20) in a county with a population of more than 3.3 |
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88 | 88 | | million, the plant must not operate in nondaylight hours. |
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89 | 89 | | SECTION 2. Section 382.05198(a), Health and Safety Code, as |
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90 | 90 | | amended by this Act, applies to a permit issued before, on, or after |
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91 | 91 | | the effective date of this Act. |
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92 | 92 | | SECTION 3. This Act takes effect September 1, 2017. |
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