Texas 2019 - 86th Regular

Texas House Bill HB1309 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8204 SLB-F
2	2	By: Dutton H.B. No. 1309
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a standard permit for certain concrete
8	8	plants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 382.051961, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 382.051961. PERMIT FOR CERTAIN OIL AND GAS AND
13	13	CONCRETE FACILITIES.
14	14	SECTION 2. Section 382.051961(a), Health and Safety Code,
15	15	is amended to read as follows:
16	16	(a) This section applies only to new facilities or
17	17	modifications of existing facilities that belong to Standard
18	18	Industrial Classification Codes 1311 (Crude Petroleum and Natural
19	19	Gas), 1321 (Natural Gas Liquids), 3273 (Ready-Mixed Concrete), 4612
20	20	(Crude Petroleum Pipelines), 4613 (Refined Petroleum Pipelines),
21	21	4922 (Natural Gas Transmission), and 4923 (Natural Gas Transmission
22	22	and Distribution).
23	23	SECTION 3. Section 382.05198, Health and Safety Code, is
24	24	amended to read as follows:
25	25	Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE
26	26	FACILITIES [PLANTS]. (a) The commission shall issue a standard
27	27	permit for a new facility or modification of an existing facility
28	28	that belongs to Standard Industrial Classification Code 3273
29	29	(Ready-Mixed Concrete), [permanent concrete plant] that performs
30	30	wet batching, dry batching, or central mixing, and that meets the
31	31	following requirements:
32	32	(1) production records must be maintained on site
33	33	while the facility [plant] is in operation until the second
34	34	anniversary of the end of the period to which they relate;
35	35	(2) each cement or fly ash storage silo and weigh
36	36	hopper must be equipped with a fabric or cartridge filter or vented
37	37	to a fabric or cartridge filter system;
38	38	(3) each fabric or cartridge filter, fabric or
39	39	cartridge filter system, and suction shroud must be maintained and
40	40	operated properly with no tears or leaks;
41	41	(4) excluding the suction shroud filter system, each
42	42	filter system must be designed to meet a standard of at least 0.01
43	43	outlet grain loading as measured in grains per dry standard cubic
44	44	foot;
45	45	(5) each filter system and each mixer loading and
46	46	batch truck loading emissions control device must meet a
47	47	performance standard of no visible emissions exceeding 30 seconds
48	48	in a five-minute period as determined using United States
49	49	Environmental Protection Agency Test Method 22 as that method
50	50	existed on September 1, 2003;
51	51	(6) if a cement or fly ash silo is filled during
52	52	nondaylight hours, the silo filter system exhaust must be
53	53	sufficiently illuminated to enable a determination of compliance
54	54	with the performance standard described by Subdivision (5);
55	55	(7) the conveying system for the transfer of cement or
56	56	fly ash to and from each storage silo must be totally enclosed,
57	57	operate properly, and be maintained without any tears or leaks;
58	58	(8) except during cement or fly ash tanker connection
59	59	or disconnection, each conveying system for the transfer of cement
60	60	or fly ash must meet the performance standard described by
61	61	Subdivision (5);
62	62	(9) a warning device must be installed on each bulk
63	63	storage silo to alert the operator in sufficient time for the
64	64	operator to stop loading operations before the silo is filled to a
65	65	level that may adversely affect the pollution abatement equipment;
66	66	(10) if filling a silo results in failure of the
67	67	pollution abatement system or failure to meet the performance
68	68	standard described by Subdivision (5), the failure must be
69	69	documented and reported to the commission;
70	70	(11) each road, parking lot, or other area at the
71	71	facility [plant] site that is used by vehicles must be paved with a
72	72	cohesive hard surface that is properly maintained, cleaned, and
73	73	watered so as to minimize dust emissions;
74	74	(12) each stockpile must be sprinkled with water or
75	75	dust-suppressant chemicals or covered so as to minimize dust
76	76	emissions;
77	77	(13) material used in the batch that is spilled must be
78	78	immediately cleaned up and contained or dampened so as to minimize
79	79	dust emissions;
80	80	(14) production of concrete at the facility [plant]
81	81	must not exceed 300 cubic yards per hour;
82	82	(15) a suction shroud or other pickup device must be
83	83	installed at the batch drop point or, in the case of a central mix
84	84	facility [plant], at the drum feed and vented to a fabric or
85	85	cartridge filter system with a minimum capacity of 5,000 cubic feet
86	86	per minute of air;
87	87	(16) the bag filter and capture system must be
88	88	properly designed to accommodate the increased flow from the
89	89	suction shroud and achieve a control efficiency of at least 99.5
90	90	percent;
91	91	(17) the suction shroud baghouse exhaust must be
92	92	located more than 100 feet from any property line;
93	93	(18) stationary equipment, stockpiles, and vehicles
94	94	used at the facility [plant], except for incidental traffic and
95	95	vehicles as they enter and exit the site, must be located or
96	96	operated more than 100 feet from any property line; and
97	97	(19) the central baghouse must be located at least 440
98	98	yards from any building used as a single or multifamily residence,
99	99	school, or place of worship at the time the application to use the
100	100	permit is filed with the commission if the facility [plant] is
101	101	located in an area that is not subject to municipal zoning
102	102	regulation.
103	103	(b) Notwithstanding Subsection (a)(18), the commission
104	104	shall issue a standard permit for a [permanent] concrete facility
105	105	[plant] that performs wet batching, dry batching, or central mixing
106	106	and does not meet the requirements of that subdivision if the
107	107	facility [plant] meets the other requirements of Subsection (a)
108	108	and:
109	109	(1) each road, parking lot, and other traffic area
110	110	located within the distance of a property line provided by
111	111	Subsection (a)(18) is bordered by dust-suppressing fencing or
112	112	another barrier at least 12 feet high; and
113	113	(2) each stockpile located within the applicable
114	114	distance of a property line is contained within a three-walled
115	115	bunker that extends at least two feet above the top of the
116	116	stockpile.
117	117	SECTION 4. The heading to Section 382.058, Health and
118	118	Safety Code, is amended to read as follows:
119	119	Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
120	120	CONCRETE PLANT [UNDER PERMIT BY RULE, STANDARD PERMIT, OR
121	121	EXEMPTION].
122	122	SECTION 5. Section 382.058(a), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(a) A person may not begin construction on any concrete
125	125	plant that performs wet batching, dry batching, or central mixing
126	126	under a standard permit under Section 382.05198 [382.05195 or a
127	127	permit by rule adopted by the commission under Section 382.05196]
128	128	unless the person has complied with the notice and opportunity for
129	129	hearing provisions under Section 382.056.
130	130	SECTION 6. Section 382.05199, Health and Safety Code, is
131	131	repealed.
132	132	SECTION 7. The changes in law made by this Act apply only to
133	133	an application for a permit for a concrete plant that is filed with
134	134	the Texas Commission on Environmental Quality on or after the
135	135	effective date of this Act. An application for a permit filed
136	136	before the effective date of this Act is governed by the law in
137	137	effect on the date of filing, and that law is continued in effect
138	138	for that purpose.
139	139	SECTION 8. This Act takes effect September 1, 2019.