86R8204 SLB-F
By: Dutton H.B. No. 1309
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a standard permit for certain concrete
plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 382.051961, Health and
Safety Code, is amended to read as follows:
Sec. 382.051961. PERMIT FOR CERTAIN OIL AND GAS AND
CONCRETE FACILITIES.
SECTION 2. Section 382.051961(a), Health and Safety Code,
is amended to read as follows:
(a) This section applies only to new facilities or
modifications of existing facilities that belong to Standard
Industrial Classification Codes 1311 (Crude Petroleum and Natural
Gas), 1321 (Natural Gas Liquids), 3273 (Ready-Mixed Concrete), 4612
(Crude Petroleum Pipelines), 4613 (Refined Petroleum Pipelines),
4922 (Natural Gas Transmission), and 4923 (Natural Gas Transmission
and Distribution).
SECTION 3. Section 382.05198, Health and Safety Code, is
amended to read as follows:
Sec. 382.05198. STANDARD PERMIT FOR CERTAIN CONCRETE
FACILITIES [PLANTS]. (a) The commission shall issue a standard
permit for a new facility or modification of an existing facility
that belongs to Standard Industrial Classification Code 3273
(Ready-Mixed Concrete), [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 facility [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
facility [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 facility [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
facility [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 facility [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
(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 facility [plant] is
located in an area that is not subject to municipal zoning
regulation.
(b) Notwithstanding Subsection (a)(18), the commission
shall issue a standard permit for a [permanent] concrete facility
[plant] that performs wet batching, dry batching, or central mixing
and does not meet the requirements of that subdivision if the
facility [plant] meets the other requirements of Subsection (a)
and:
(1) each road, parking lot, and other traffic area
located within the distance of a property line provided by
Subsection (a)(18) is bordered by dust-suppressing fencing or
another barrier at least 12 feet high; and
(2) each stockpile located within the applicable
distance of a property line is contained within a three-walled
bunker that extends at least two feet above the top of the
stockpile.
SECTION 4. The heading to Section 382.058, Health and
Safety Code, is amended to read as follows:
Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
CONCRETE PLANT [UNDER PERMIT BY RULE, STANDARD PERMIT, OR
EXEMPTION].
SECTION 5. Section 382.058(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not begin construction on any concrete
plant that performs wet batching, dry batching, or central mixing
under a standard permit under Section 382.05198 [382.05195 or a
permit by rule adopted by the commission under Section 382.05196]
unless the person has complied with the notice and opportunity for
hearing provisions under Section 382.056.
SECTION 6. Section 382.05199, Health and Safety Code, is
repealed.
SECTION 7. The changes in law made by this Act apply only to
an application for a permit for a concrete plant that is filed with
the Texas Commission on Environmental Quality 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 8. This Act takes effect September 1, 2019.